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NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD MEETING
June 9, 2015 1:00 p.m. Northern New Mexico College 921 N. Paseo de Onate Espanola, New Mexico 87532
REPORTED BY: Jan A. Williams, RPR, NM CCR 14
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3 BOARD MEMBERS New Mexico Attorney General Hector Balderas, Chairman
4 Chief Pete Kassetas, Vice Chairman Mr. Nate Korn
5 Mr. Pat Barncastle Sergeant Jaime Quezada
6 Chief Chris McCall Sheriff Wesley Waller
7 Chief Darren Soland
8
9 ALSO PRESENT Jack F. Jones, II, Director
10 Rick Word, Esq. Monique Lopez
11 Monica Medrano
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1 AGENDA ITEM INDEX2 ITEM PAGE3 1 Call to Order 64 2 Roll Call 65 3 Approval of Agenda 86 4 Approval of Meeting Minutes
(December 8-9, 2015) 127
5 Open Meetings Act Resolution 138
6 Election of Vice Chairman 159
7 Director's Report 1610
8 Public Comment 2211
9 Ratification of Certifications for Law12 Enforcement Officers 3413 10 Ratification of Certifications for
Telecommunicators 4314
11 Discussion of Sanctions in Disciplinary15 Cases, Including the Penalty Matrix and
Tracking of Disciplinary Actions Taken by16 Agencies 4517 12 A Board Discussion Regarding Who Should Be
Able to Set Matters onto the Agenda of Public18 Meetings of the New Mexico Law Enforcement
Academy 5219
13 Review of Safe Pursuit Act 6120
14 Lesson Plan Approvals, Curriculum Making21 Process, Testing Protocols, and Rulemaking
Process 6322
15 Misconduct Cases: Board Review of23 Misconduct Cases, Tracking and Management 7224 16 Individual Board Member Comments 7425
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1 AGENDA ITEM INDEX (CONTINUED)
2 ITEM PAGE
3 Default Orders of Revocation
4 17 Richard Garcia 79
5 18 Adam Mendoza 80
6 19 Christopher Merrill 81
7 20 Thomas Rodella 82
8 21 Israel Saenz, Jr. 82
9 22 Jose Sanchez 83
10 23 Leonard Stufflebean 84
11 24 Johnathan Montoya 85
12 25 Ruben Turrieta 86
13
Voluntary Relinquishment14
26 Colby Morgan 8715
16 AJ Recommendations of Default Revocation
17 27 Jacob Gassel 88
18 28 Carolyn Newman 88
19 29 Mikal Monette 89
20 30 Jermal Jackson 89
21 31 Justin Trujillo 89
22 32 Eric Rubidoux 90
23 33 Jonathan Eddy 91
24 34 Gabrielle Billiman 91
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1 AGENDA ITEM INDEX (CONTINUED)2 ITEM PAGE3 AJ Recommendation of Insufficient Allegation or
Evidence to Proceed Before the Board4
35 Joshua Terrell 925
36 Mikal Monette 946
37 Nicole Romero 957
38 Steven Hindi 958
39 Brad Lunsford 969
40 Albert Rael 9710
41 Kenneth Olsen 9711
12 Letter of No Action13 42 Joey Aquino 9814 43 Humberto Flores 9815
44 Scheduling of Next Board Meeting 10716
45 Adjournment 11217
18
19 Attached:20 Exhibit Nos. 1 through 5 - Ratification of
Certifications for Law Enforcement Officers21
Exhibit Nos. 1 through 3 - Ratification of22 Certifications for Public Safety Telecommunicators23
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25
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1 ITEM NO. 1: CALL TO ORDER
2 A.G. BALDERAS: I'm Hector Balderas. I
3 hereby call this meeting to order.
4 The first item of business is roll call. I
5 would like for each of the Honorable Board Members to
6 introduce ourselves.
7 And I will start with me. I'm Hector
8 Balderas, Attorney General of New Mexico. But more
9 importantly I'll be serving as your Chair for the next
10 three and a half years.
11 I do want to welcome everyone and also
12 commend my gratitude to the general public that's in
13 attendance and most importantly for the honor and the
14 privilege to preside over not only an important board,
15 but what is more importantly a very important mission
16 to the citizens of New Mexico.
17 And I look forward to a productive tenure
18 with all of you, addressing both curriculum and other
19 issues that come about as a result of the Board's
20 mission.
21 ITEM NO. 2: ROLL CALL
22 A.G. BALDERAS: I will now defer to my Vice
23 Chair and we can respectfully introduce ourselves. Do
24 we have a Vice Chair?
25 MR. KORN: No, sir. We don't have a Vice
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1 Chair.
2 A.G. BALDERAS: That's one of our orders of
3 business. Okay. Let's start off on the far left.
4 SHERIFF WALLER: I'm Wesley Waller, I'm the
5 Curry County Sheriff.
6 MR. KORN: My name is Nate Korn. I am one of
7 the citizen representatives to the Board.
8 CHIEF KASSETAS: I'm Pete Kassetas, Chief of
9 the State Police.
10 MR. BARNCASTLE: My name is Pat Barncastle,
11 I'm the District Attorney representative.
12 MR. WORD: My name is Rick Word and I'm
13 counsel to the Law Enforcement Academy Board. I'm an
14 Assistant Attorney General in the Open Government
15 Division.
16 CHIEF SOLAND: Good afternoon. My name is
17 Darren Soland, Chief of Police for Ramah Navajo Tribal
18 Police Department.
19 SERGEANT QUEZADA: My name is Jaime Quezada,
20 Sergeant with the Las Cruces Police Department. I'm
21 representing the line officers.
22 CHIEF McCALL: Chris McCall, Chief of the
23 Hobbs Police Department, representing the municipal
24 chiefs.
25 A.G. BALDERAS: And also please reflect in
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1 the record that the welcoming and the identifications
2 are also serving as our roll call this afternoon.
3 ITEM NO. 3: APPROVAL OF AGENDA
4 A.G. BALDERAS: The first item of business
5 I'd like to direct the Board to is, of course, the
6 approval of the agenda. And at this time I'll take a
7 few minutes for all of you to look over the agenda, if
8 you already haven't, and also entertain a motion to
9 approve the agenda for today's meeting, if there are
10 no additional comments.
11 MR. KORN: Mr. Chair, I have a question about
12 the agenda. Usually we would go into a closed session
13 to vote on or to discuss the misconduct matters. And
14 I assume we'll be doing that today as well, the
15 misconduct today and tomorrow. But hopefully we will
16 be doing it today for today's portion.
17 A.G. BALDERAS: Board Member Korn, I assume
18 you are referencing the matters of default?
19 MR. KORN: Well, some are matters of default,
20 some are insufficient allegations to sustain a board
21 review, and then there are letters of no action. So
22 it would be the entire group of those today, the
23 personnel matters.
24 A.G. BALDERAS: And I think the agenda as
25 presented is that the matters of default will be of
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1 public record at this point the way the agenda is laid
2 out.
3 MR. KORN: Mr. Chairman, the letters of no
4 action would not be a matter of public record if there
5 are issues for the Board to discuss. And I think
6 usually we do those in closed session.
7 I would ask that we do that today as well.
8 And I'm only asking that so that, if there are people
9 here representing those parties, that they would know
10 that we will discuss that today and resolve it.
11 A.G. BALDERAS: Board Member Korn, I've been
12 advised that, if it's not in the agenda to take into
13 closed session, it wouldn't be necessarily proper.
14 We could potentially table the issues that
15 you're concerned with for a later date. At this point
16 I would ask for a motion to consider approving the
17 agenda as is.
18 MR. KORN: And again, sir, I don't mean to
19 argue with you. But I would like to have the
20 opportunity to make a motion at the end of our time to
21 go into closed session, which I think is allowed by
22 the rules.
23 MR. WORD: Mr. Chair, Members of the Board,
24 it's my recommendation that, if a closed session is
25 not included on the agenda for today's meeting, that
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1 the Board not amend to go into a closed session;
2 because we're not within the 72-hour period.
3 There can be amendments to the agenda. But I
4 believe the cautious approach is to not amend an
5 agenda to provide for a closed session today. There
6 is on the agenda for tomorrow's meeting a closed
7 session.
8 MR. KORN: And again I don't mean to argue
9 with counsel, Mr. Chairman. But under the section
10 that allows for making a motion for a closed meeting
11 from an open meeting, we can do that. And I think
12 it's just more efficient to do as much as we can today
13 so that we have tomorrow to concentrate on those
14 cases.
15 And also I don't know if there might be
16 people that are representing or even the particular
17 individuals in the room that are in the letters of no
18 action. I just think it would be fairer and more
19 transparent and better for our speed of process to do
20 it today.
21 A.G. BALDERAS: Well, Board Member Korn, I
22 always welcome your feedback. I'm a little
23 disappointed that this matter is being brought forth
24 in this way when, in fact, staff has been constructing
25 an agenda that is very transparent.
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1 And actually it was my direction to staff
2 that, if there were not matters they felt comfortable
3 with going into closed session, that they would delay
4 or table those matters at a later date so that we
5 could aggressively focus on the most public type of
6 meeting possible.
7 I still haven't heard necessarily a motion to
8 amend or to approve the agenda. So I would ask that
9 the Board consider approving the agenda or make an
10 alternative motion.
11 CHIEF KASSETAS: So, Mr. Chair, as I
12 understand it, if we approve the agenda as is, that we
13 won't do any of the disciplinary cases until
14 tomorrow's closed session?
15 A.G. BALDERAS: Chief Kassetas, would you
16 restate your question.
17 CHIEF KASSETAS: Mr. Chair, as I understand
18 it now, if we approve the agenda as is, we will not go
19 into closed session today. And all of the
20 disciplinary cases will be handled tomorrow in closed
21 session. Is that what you're saying?
22 MR. WORD: Mr. Chair, Members of the Board,
23 what I have recommended is that, if there is a motion
24 to approve, we proceed; and when we reach one of these
25 items, we recess. And we'll have further discussion
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1 about how to handle those in executive session.
2 MR. KORN: Thank you, Counsel. I would make
3 a motion to accept the agenda as it is with that
4 understanding.
5 A.G. BALDERAS: Thank you, Board Member Korn.
6 I'll gladly second that motion. All in favor.
7 (Those in favor so indicate.)
8 A.G. BALDERAS: There's been a motion, a
9 second, and a full approval. Are there any opposed?
10 The motion passes and the agenda is approved.
11 ITEM NO. 4: APPROVAL OF MEETING MINUTES
12 (DECEMBER 8-9, 2014)
13 A.G. BALDERAS: At this time we need to
14 approve the minutes of the last meeting, which
15 occurred on December 8th and 9th. And copies of those
16 minutes were distributed and made available on the LEA
17 website.
18 Are there any corrections to those meeting
19 minutes by Board Members who were present at that
20 meeting? And I'll wait to see if there are any
21 corrections. Are there any corrections to the last
22 minutes? Seeing no corrections, I'll take a motion to
23 approve the minutes and consider a second, if there's
24 a primary motion.
25 MR. BARNCASTLE: I'll make that motion,
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1 Mr. Chairman.
2 MR. KORN: I would second.
3 A.G. BALDERAS: All in favor.
4 (Those in favor so indicate.)
5 A.G. BALDERAS: Any opposed? The minutes are
6 approved.
7 ITEM NO. 5: OPEN MEETINGS ACT RESOLUTION
8 A.G. BALDERAS: Next I would like to direct
9 our Board to item 5, the next agenda item, the Open
10 Meetings Act Resolution. I will turn it over to Rick
11 Word, counsel for my office, who will explain how to
12 facilitate the process. Mr. Word, you have the floor.
13 MR. WORD: Thank you, Mr. Chair, Members of
14 the Board. The Open Meetings Act contains a provision
15 at Section 10-15-1(D) that requires public bodies --
16 and this Board meets that definition -- to annually
17 determine what constitutes reasonable notice of its
18 public meetings of all types.
19 This Board in the past has not done that.
20 Some other boards have not. The Board has a
21 regulation in the NMAC that specifies what constitutes
22 reasonable notice. But again, as a matter of trying
23 to comply with the spirit of the Open Meetings Act and
24 the letter, I have prepared an Open Meetings Act
25 Resolution.
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1 This is a standard resolution whose form has
2 been in the Attorney General's Open Meetings Act Guide
3 for a number of years. It's adopted by pretty much
4 every board that we represent.
5 And I'd stand for any questions you may have.
6 But it basically just lays out what constitutes notice
7 and how it will be accomplished.
8 A.G. BALDERAS: Are there any questions? I
9 do know, from just understanding the general history,
10 our primary mission most importantly is to try to
11 conduct ourselves with strict compliance with the Open
12 Meetings Act and other regulatory laws that impact the
13 Board's business. This is one of just us ratifying
14 that we understand what those requirements are.
15 If there's nothing else and no further
16 questions, I'll take a motion to approve the Open
17 Meetings Act Resolution.
18 CHIEF McCALL: Motion to approve.
19 SHERIFF WALLER: Second.
20 A.G. BALDERAS: All in favor.
21 (Those in favor so indicate.)
22 A.G. BALDERAS: The record will show that the
23 Board approved the Open Meetings Act Resolution in its
24 full form.
25 ITEM NO. 6: ELECTION OF VICE CHAIRMAN
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1 A.G. BALDERAS: We are now to the point that
2 we recognized earlier. We are going to move to the
3 election of a Vice Chairman. And I will entertain
4 nominations which are now open for the position of
5 Vice Chair. And I would entertain a nomination and a
6 second, if there's anyone willing to serve as Vice
7 Chair.
8 MR. KORN: Mr. Chairman, it would be my
9 pleasure to nominate Chief Pete Kassetas in the
10 position of Vice Chair. Chief Kassetas is one of the
11 senior Members of the Board, he's well familiar and an
12 active member, and I think he would be an excellent
13 one to lead the Board in the Chairman's absence.
14 A.G. BALDERAS: Mr. Korn, thank you for that
15 nomination. There is a nomination to nominate Board
16 Member Chief Pete Kassetas. Are there any other
17 nominations?
18 Seeing none, the nominations are now closed.
19 And we'll move to a vote. All those in favor of
20 electing Board Member Chief Kassetas as Vice Chair
21 signify by saying aye.
22 (Those in favor so indicate.)
23 A.G. BALDERAS: Any opposed? The ayes have
24 it. Congratulations or I should say condolences maybe
25 for being my Vice Chair. Thank you, Chief.
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1 CHIEF KASSETAS: I appreciate that, Chair.
2 And please note my limited familiarity with Robert's
3 Rules of Order.
4 A.G. BALDERAS: The record will show now that
5 Board Member Chief Kassetas has been elected as Vice
6 Chair of the Board.
7 ITEM NO. 7: DIRECTOR'S REPORT
8 A.G. BALDERAS: I now go to the Director's
9 report, which is item 7 for the general public on the
10 agenda. And I now recognize Director Jones to deliver
11 his report. Thank you.
12 MR. JONES: Thank you very much, Attorney
13 General Balderas, New Mexico Law Enforcement Academy
14 Board Members, especially Chief Darren Soland and
15 Sheriff Wesley Waller.
16 I am honored to present the Director's report
17 for all nine of the New Mexico Law Enforcement
18 Academies for the State of New Mexico. The New Mexico
19 Law Enforcement Academy could not do what we do
20 without the dedicated support from many of the
21 recognized law enforcement agencies and other Law
22 Enforcement Academies in the state.
23 First I'd like to recognize the super support
24 and guidance the New Mexico Law Enforcement Academy
25 has received from your office. It is clear what is
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1 expected and what the direction is we're going to go.
2 The New Mexico law enforcement community is
3 fortunate to have Cabinet Secretary Gregory Fouratt
4 and Deputy Secretary Scott Weaver, who have been
5 instrumental in several months of work with the State
6 Personnel Office on behalf of the New Mexico Law
7 Enforcement Academy, to assist us with funding for the
8 New Mexico Law Enforcement Academy and three critical
9 staff positions.
10 They've also worked tirelessly with the New
11 Mexico Enforcement Academy and the law enforcement
12 community to share with us their concerns and vision
13 and training.
14 Deputy Director Brian Coss, if I could get
15 him to stand up, was hired several months ago. He was
16 an instructor at the New Mexico Law Enforcement
17 Academy for approximately ten years when he took a
18 trainer's position with the New Mexico Department of
19 Corrections.
20 Deputy Director Coss was there for a couple
21 of years. And we are very privileged to have him
22 return to the New Mexico Law Enforcement Academy as
23 the Deputy Director.
24 Advanced Bureau Chief Frank Ortiz, III, was
25 hired a few weeks ago. And he comes to the New Mexico
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1 Law Enforcement Academy from a long and distinguished
2 career at the Bureau of Alcohol, Tobacco, Firearms,
3 and Explosives.
4 We're very, very fortunate to have him. He
5 came to work our first weekend here without pay to
6 help us with an international class that we were doing
7 at the New Mexico Law Enforcement Academy.
8 Ms. Ashley Lopez, who is not here, was hired
9 as the Advanced Training Bureau Administrative
10 Assistant. Ms. Lopez graduated from the University of
11 New Mexico with honors and a degree in Criminology.
12 All three of these individuals have hit the
13 ground running. And we really appreciate the efforts
14 of the Department of Public Safety to work with us to
15 accomplish this mission.
16 While this brings the New Mexico Law
17 Enforcement Academy closer to our full manpower, we
18 are still short two instructors. While having a full
19 staff at the New Mexico Law Enforcement Academy would
20 be of great benefit, we would still not be able to
21 perform the many daunting tasks and requirements that
22 are required without the support of the many agencies
23 and the other eight Law Enforcement Academies in the
24 state.
25 Major Barlow and his staff at the Dona Ana
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1 County Sheriff's Academy have been very instrumental
2 in assisting us with updating curriculum and assisting
3 the New Mexico Law Enforcement Academy with much
4 needed support.
5 Sergeant Eric Urenda, Academy Director at Las
6 Cruces Police Department, is the newest director of
7 all nine academies. And he's done everything in his
8 power to assist the New Mexico Law Enforcement Academy
9 and our staff with our training needs.
10 There have been 11 basic police officer
11 academies that have started since December 2014.
12 There will be a total of 197 police officers certified
13 after Western New Mexico University Academy Class 60
14 graduates June 18th, 2015. This is a culmination of
15 180,727 hours of basic training provided this quarter.
16 Major Dina Romero, Director of the New Mexico
17 State Police Academy, and the New Mexico Law
18 Enforcement Academy, work many different complex
19 issues that arise at the Law Enforcement Academy
20 complex in Santa Fe.
21 If it were not for her and her staff
22 assisting with the many different requirements that
23 the New Mexico Law Enforcement Academy is required to
24 perform, we would not be able to accomplish the many
25 tasks and requirements that are set aside for the Law
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1 Enforcement Academy.
2 There are three academies in the state, San
3 Juan County Criminal Justice Academy, Southeastern New
4 Mexico Law Enforcement Academy, and the New Mexico Law
5 Enforcement Academy, that train public safety
6 telecommunicators.
7 Sergeant Pat Flores is the Director of the
8 San Juan Academy. And Ms. Keri Schrock is the
9 training supervisor for the San Juan Communications
10 Authority. They have established and taught two
11 public safety telecommunicator classes this last year.
12 Director Angela Byrd in the Southeastern New Mexico
13 Law Enforcement Academy just finished her eighth
14 public safety telecommunicator class.
15 With the New Mexico Law Enforcement Academy
16 and the extra effort, time, and professionalism of
17 Ms. Schrock and Director Byrd, the State of New Mexico
18 has trained an additional 47 new certified public
19 safety telecommunicators in the state. This equates
20 to another collective 5,822 hours of PST training
21 since December 2014.
22 Dr. August Fons and Director Angie Byrd have
23 put together an advanced training packet, Response to
24 Resistance, based on constitutional law for the New
25 Mexico Law Enforcement Academy. And they have taught
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1 this to several agencies throughout the state. It has
2 been very well received.
3 Due to the efforts of Chief Darren Soland,
4 the New Mexico Law Enforcement Academy was able to
5 produce the first mobile training team to teach cert
6 by waiver for the Zuni Police Department. This was
7 another first and it was very successful. We hope to
8 do many more in the future.
9 The New Mexico Law Enforcement Academy
10 continues to receive ever-increasing amounts of
11 Inspection of Public Records Act requests. Many of
12 these require extensive research, hours, and copying
13 under many deadlines, which is burdensome to our small
14 staff.
15 The New Mexico Law Enforcement Academy was
16 privileged to assist DPS and the New Mexico State
17 Police with a week-long international crime scene
18 investigation course in April.
19 We cannot thank those agencies and individual
20 police officers, sheriffs' deputies, game wardens, or
21 retired police officers, who are dedicated to giving
22 their time to the academies to assist with the
23 training that occurs throughout the state on any given
24 day, with anything but a huge thank you.
25 In recognition and appreciation of the New
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1 Mexico Law Enforcement Academy, the eight satellite
2 academies, and those agencies that go beyond their own
3 requirements to assist with training law enforcement
4 in New Mexico, I am humbly honored to present the
5 Director's report to the New Mexico Law Enforcement
6 Academy Board.
7 A.G. BALDERAS: Thank you, Director Jones.
8 Are there any questions from the Board for Director
9 Jones?
10 MR. JONES: Thank you, sir.
11 A.G. BALDERAS: Thank you. Seeing none,
12 we'll move forward. I appreciate it.
13 ITEM NO. 8: PUBLIC COMMENT
14 A.G. BALDERAS: We are now ready to open up
15 to the floor for public comment. I have three
16 individuals who have signed up. I do ask that we
17 honor the two-minute time commitment.
18 But it would be an honor to hear from the
19 general public at this time. In the order of the way
20 they have signed up, the Chair recognizes Ms. Mary
21 Shoemaker to come up and give some remarks. I do
22 appreciate it. Thank you.
23 Good afternoon.
24 MS. SHOEMAKER: Good afternoon. Mr. Chair,
25 Honorable Members of the Board, my name is Mary
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1 Shoemaker. I'm here because yesterday marked the
2 one-year anniversary of the death of my son, Victor
3 Villalpando, by an Espanola policeman here in
4 Espanola.
5 I want to welcome you to our town. I meant
6 to say that first. And I want to ask you to use your
7 humanity, your experience, and your knowledge of
8 teenagers to work together with the public to try to
9 change your training so that this kind of thing
10 doesn't happen anymore.
11 I think that New Mexico can be a leader in
12 how we as a public view each other. We don't have to
13 be enemies. And I think that's enough said. But
14 thank you very much for allowing me to comment. And
15 in honor of my son, I ask you to look at how we can
16 make changes. Thank you.
17 A.G. BALDERAS: Ms. Shoemaker, thank you for
18 your comments.
19 At this time I would like to recognize Chris
20 Mechels to speak about the charter.
21 Good afternoon.
22 MR. MECHELS: Thank you, Mr. Chairman,
23 Members of the Board. I'm Chris Mechels. And this
24 comment will not be related to my later agenda item.
25 I gave the secretary a handout for you all
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1 relating to my comments. So if you could find that,
2 that would be this one. You have two handouts from
3 me. And this is one of them. It has a Board
4 description on the front of it, Susana Martinez. You
5 should have that.
6 A.G. BALDERAS: I believe the Board has the
7 documents.
8 MR. MECHELS: Actually there are two
9 documents, Mr. Chair.
10 A.G. BALDERAS: That's correct.
11 MR. MECHELS: This is the one I'm referring
12 you to. It has the POST -- I'm sorry. It basically
13 has a description of the New Mexico Law Enforcement
14 Academy Board on the front of it.
15 A.G. BALDERAS: We've got it, sir.
16 MR. MECHELS: Okay. I will be referring to
17 that.
18 A.G. BALDERAS: You have the floor and the
19 time.
20 MR. MECHELS: Thank you. Before I get to
21 that, though, there are two other points that I would
22 like to address briefly. First off, I highly commend
23 the Chair for his public declaration in the media to
24 commit to transparency and solving problems,
25 addressing the curriculum issues, and also addressing
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1 the issues with police discipline. I think those are
2 three very important items. And I think they're all
3 very needful of your attention.
4 The next item I would suggest is a procedural
5 issue. I just made available to you a copy of my
6 comments. And I'm also making it available to the
7 public in another agenda item. I hope that the other
8 people who present agenda items are also requested to
9 make their written support documents available to the
10 public so that we might be informed.
11 That hasn't been Board policy in the past.
12 It was Board policy at the last meeting, however,
13 again requesting that people on the agenda make their
14 written documentation available to the public so that
15 we can have it at a public meeting.
16 Let's see. The other issue I have also on
17 the matter of transparency is I think Mr. Korn has an
18 agenda item which concerns the rights of the public.
19 And I hope the public will be allowed to comment on
20 that agenda item, because he's talking about things
21 that directly affect us. And we should be able to
22 speak to them.
23 So that concerns those bookkeeping items.
24 What this is about is -- it may be and, in fact, I'm
25 hoping it is old information to all of you. It is not
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1 old information to the public. And it may not be to
2 you.
3 But what I'm talking about is the charter of
4 this Board. It never seems to get discussed. I came
5 across -- recently I was looking at the lesson plans,
6 one of the few lesson plans that are available. One
7 of them is instructing the cadets as to the role of
8 the LEA Board. There is no mention in that lesson
9 plan of the actual role of the LEA Board. None.
10 So for their benefit and for yours perhaps,
11 the role of the LEA Board briefly: Founded in 1969.
12 This is the founding document. The 1969 legislature
13 founded the Board as an independent entity.
14 Independent. Key word.
15 From there I would call your attention to the
16 Law Enforcement Academy Board description, which is
17 available on the governor's website, in which it
18 describes the Law Enforcement Academy Board. "The
19 Board is the Police Officer Standards and Training
20 (POST) agency for New Mexico, awarding law enforcement
21 officer and telecommunication officer certification."
22 Mr. Jones is your current representative to
23 POST. This is important. 1969 was a time when we
24 were founding such organizations nationwide, there was
25 a move towards police standards nationwide. New
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1 Mexico was one of the POST organizations founded at
2 the time.
3 A.G. BALDERAS: Mr. Mechels, I don't want to
4 interrupt you, I just want to be respectful. We have
5 a two-minute limit. We're now nearing four minutes.
6 MR. MECHELS: I thought we had five minutes.
7 Did you say two? It's always been five.
8 A.G. BALDERAS: It is two. I just want to be
9 respectful.
10 MR. MECHELS: I thought it was five. One
11 more thing and I'll wrap it up. I thought it was five
12 minutes.
13 Anyway lastly and in a hurry, the document
14 which governs -- I shouldn't say governs. But it is
15 accepted as the consensus standard of POST. Again
16 POST includes the New Mexico Law Enforcement Academy
17 Board. This document is on their website.
18 And it defines among other things how
19 curriculums are to be developed, how testing is to be
20 developed. These are standards that we extensively
21 all subscribe to as members of a POST organization.
22 What I'm going to tell you today needs
23 looking into are the changes that were made by this
24 Board in 2013. I maintain that we took these
25 standards and without once mentioning them threw them
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1 in the trash.
2 We have ignored these standards. And these
3 standards are part of the description for which POST
4 was founded. They're the reason for the Board's
5 existence.
6 I suggest we need to get back on board and
7 follow these standards, which we did by the way until
8 2003, when Secretary Denko forced off the Law
9 Enforcement Academy Board Director at that time and
10 installed his own man. Thank you.
11 A.G. BALDERAS: Thank you, Mr. Mechels, for
12 coming in and expressing those thoughts.
13 Ms. Anaya for public comment. Whichever
14 microphone you feel comfortable with.
15 MS. ANAYA: Good afternoon, Honorable Hector
16 Balderas and the New Mexico Law Enforcement Academy
17 Board. My name is Teresa Anaya. I am the mother of
18 Jeannette Anaya, the person that Officer Wilson shot
19 and killed.
20 On the evening of November 6th, 2013, my last
21 conversation with my daughter as she left for the
22 evening was, "I'll see you later, mom. Don't worry
23 about me, I'll be okay. I love you." I replied, "Be
24 careful. I love you too."
25 On the morning of November 7th, 2013, two
Page 29
1 State Police officers came to tell us that our
2 daughter had been shot. I began to scream
3 hysterically, "Where is she, is she going to be okay,
4 what happened, who shot her?"
5 They replied with no compassion that she was
6 shot by police. "I'm telling you, we don't know what
7 happened, it's under investigation. Your daughter is
8 gone."
9 We were told by the medical examiner that two
10 bullets entered and hit her body. One in the back and
11 exited in her front lung. The other on the top of her
12 head and exited through her left cheek.
13 I didn't want that to be our lasting image of
14 her. We couldn't even hold her and kiss her and tell
15 her we loved her one last time.
16 In January 2014 the jury ruled the shooting
17 justified. We were devastated. It wasn't until then
18 that we were able to view the dash cam video. To this
19 day the video is available online. It clearly shows
20 Owen Wilson never, never shot four warning shots. He
21 shot 16 consecutive times as my daughter tried to get
22 away from him.
23 The evidence is in the video. Wilson
24 perjured himself, the investigation, and the DA
25 covered and supported his lies. The pursuit was
Page 30
1 illegal. Had he followed the law, this senseless
2 tragedy would have never happened.
3 I am Jeannette's voice now. And as her
4 mother I challenge you to view that video and see what
5 we see, see what the public sees, and see what is
6 necessary and lawfully right and lawfully just.
7 My daughter's death must not have been in
8 vain. Please, please, will you respond to that, will
9 you respond to my request. Our faith in God has
10 helped us live through this tragedy.
11 We hope and pray that no other family will
12 endure the heartache and the emptiness that my
13 daughter's death has left upon us. Our lives will
14 never be the same.
15 My heart and prayers go out to Officer Gregg
16 Benner's wife and children. We feel their pain.
17 Thank you for your time. Sincerely, the Anaya family.
18 A.G. BALDERAS: Thank you, Ms. Anaya, for
19 your words. It means a lot to us you're here.
20 MS. ANAYA: Thank you.
21 A.G. BALDERAS: Is Mr. Montoya here, Robby
22 Montoya? You have the floor, sir.
23 MR. MONTOYA: Thank you so much. My name is
24 Robby Montoya. I work with the children and youth in
25 the valley, hundreds. I've done this for about
Page 31
1 25 years. Victor Villalpando was one of my students.
2 I met him when he was five years old.
3 I stand before you with great respect. Your
4 jobs are amongst the most important in society. I
5 know that you work tirelessly to do the very best that
6 you can do. And I honor that.
7 In working with children, the most poignant
8 thing that I can say is, in watching what's been
9 happening across our nation and perhaps across the
10 globe, with the militarization of police force, there
11 may be a lack of nuance and the ability to really
12 discern what's happening on a case-by-case basis.
13 Now, from your side you might say, well, in
14 the moment there's a split second decision and the
15 public doesn't understand that. And that is probably
16 true. But if we could bring to bear the practitioners
17 and the training in a broad, full spectrum, to bring
18 the appropriate person to answer calls, to understand.
19 In Victor's case there were many calls he was
20 making. He was in trouble. He was struggling. And
21 he was making calls for help I believe. We can't
22 bring him back. I wish we could. He was an
23 incredible young man.
24 But what we can do is work together to try to
25 be better. And again I respect your work. And if I
Page 32
1 can be of any service to save the children and the
2 young people of this community and many others, I'm at
3 your service. Thank you so much.
4 A.G. BALDERAS: Thank you for coming,
5 Mr. Montoya. Dr. Singleton. We also thank you for
6 coming. You have the floor.
7 DR. SINGLETON: Thank you for giving us a
8 forum to speak with you on this occasion. I'm
9 Dr. Tamara Singleton.
10 Victor Villalpando was my patient. And like
11 most doctors in the world, youth safety is a huge,
12 huge priority for us. And it's horrible to see a
13 young man in crisis being taken from us in this way.
14 Like you I'm sure, I've done a lot of
15 studying. And I think it's wonderful that so many of
16 the training officers are here. And so I'm interested
17 in the crisis intervention management.
18 And when I studied this and spoke with people
19 from other police departments throughout the nation, I
20 see that a lot of -- there's so much less spent on ER
21 visits, so many fewer deaths of citizens and police
22 officers.
23 And I feel that, if we go ahead and keep on
24 with our training for how to manage crisis situations,
25 we're going to lose a lot fewer citizens and police
Page 33
1 officers, there will be a lot less injury being done,
2 and we'll be a safer society.
3 We need to come together as a society to
4 solve this problem. It shouldn't be us and them. We
5 don't need to have any of our mothers crying, if
6 they're the mother of a police officer or any of our
7 local youth or grownups for that matter.
8 So I just wanted to express my support for
9 any type of improved crisis intervention that we can
10 have as part of our police officer training.
11 In addition, we need to monitor the
12 attitudes. I speak to police officers when I see
13 them. They tell me they've been taught shoot to kill.
14 And to me there's, as Robby said, a lot more nuance
15 than us and them and shoot to kill.
16 And I agree with the gentleman who spoke
17 earlier. We should be able to give studies to back up
18 what we said. And I've researched that thoroughly.
19 Anyone who wants to ask me, I would be happy to speak
20 to them.
21 And I think we can be benefited immeasurably
22 in our society and be a lot safer. And we need to
23 embrace these methods or whatever other methods we can
24 use for better safety. Thank you again for letting me
25 speak with you. And I hope you all will be safe on
Page 34
1 the job.
2 A.G. BALDERAS: I want to thank you, all the
3 members of the public, for the expression of not only
4 your thoughts but your concerns. I on behalf of many
5 of these Board Members who have already served on the
6 Board and/or are new today -- there are three of us
7 today that are completely new to the process and new
8 to this mission in terms of what we're trying to do
9 for our community -- I want to thank you for your
10 public input.
11 You have our commitment that we will be
12 looking at ways to value the community and that
13 everyone is safe; and then secondly, that we honor
14 you. There are no us against them in terms of the
15 loss of life. And we appreciate you also mentioning
16 Officer Benner as well.
17 But that will be a focus of this Board as
18 well, to make sure that we do everything we can to
19 minimize the loss of life in the community and that
20 there are no us and them. So thank you very much for
21 your public comments.
22 ITEM NO. 9: RATIFICATION OF CERTIFICATIONS FOR LAW
23 ENFORCEMENT OFFICERS
24 A.G. BALDERAS: I would now like to address
25 and direct the Board to item No. 9 of our agenda. And
Page 35
1 that would be the ratification of certifications for
2 law enforcement officers. This will be facilitated by
3 our Director Jack Jones.
4 I know these are very thick packets. The way
5 I understand these are organized is each certification
6 is in a grouping listed in terms of exhibits. I'll
7 turn the floor over to the Director of the Law
8 Enforcement Academy.
9 MR. JONES: Thank you very much,
10 Mr. Chairman.
11 The list of certifications for ratification
12 of police officers are Bernalillo County Sheriff's
13 Office Academy, which is Academy No. 35, Exhibit
14 No. 1. There are a number of individuals on there
15 that have graduated from the Bernalillo County SO
16 Academy No. 35.
17 A.G. BALDERAS: Thank you for grouping those.
18 I'll take a motion to approve all individuals as
19 stated by Director Jones in the exhibit order.
20 CHIEF KASSETAS: I'd like to make a motion to
21 approve all the officers in Exhibit 1.
22 A.G. BALDERAS: Thank you. Is there a second
23 to that motion?
24 CHIEF KASSETAS: Mr. Chair, I would like to
25 state the beginning and ending of the numbers. Number
Page 36
1 14-0274-P all the way through 14-0287-P, Exhibit 1.
2 A.G. BALDERAS: Thank you. Is there a
3 second?
4 SHERIFF WALLER: I second the motion.
5 A.G. BALDERAS: All in favor say aye.
6 (Those in favor so indicate.)
7 A.G. BALDERAS: Are there any opposed to that
8 motion? The record will show that the Board approved
9 all certifications with respect to that grouping in
10 Exhibit 1.
11 MR. JONES: Sir, the second exhibit is from
12 the Southeastern New Mexico Law Enforcement Academy,
13 Academy No. 35. It's Exhibit 2, starting with
14 Mitchell Billings and ending with Nikolas Laurenz.
15 CHIEF KASSETAS: Mr. Chair, a point of
16 clarification. The Director said Academy No. 35.
17 It's listed as No. 33. Is it 33, Director Jones?
18 MR. JONES: Yes, it's 33. I apologize. It's
19 33.
20 CHIEF KASSETAS: Thank you.
21 MR. BARNCASTLE: Mr. Chairman, I'll move to
22 accept Exhibit No. 2, items 14-0288-P through
23 14-0301-P, and approve for certification.
24 A.G. BALDERAS: Is there a second to that
25 motion?
Page 37
1 CHIEF McCALL: Second.
2 A.G. BALDERAS: All in favor.
3 (Those in favor so indicate.)
4 A.G. BALDERAS: Any opposed to that motion?
5 No opposition. The record will show that Exhibit 2,
6 Nos. 14-0288-P through 14-0301-P, is approved.
7 MR. JONES: Sir, the next exhibit is Basic
8 Police Officer Training Class No. 189, Exhibit No. 3,
9 which starts with David Aikman and ends with Luke
10 Martinez on the second page.
11 A.G. BALDERAS: That will be Exhibit 3 for
12 the Board. I'll entertain a motion to approve
13 Exhibit 3 as stated.
14 SERGEANT QUEZADA: Mr. Chair, I would like to
15 make a motion to accept Exhibit 3.
16 A.G. BALDERAS: Is there a second?
17 MR. KORN: I'll second.
18 A.G. BALDERAS: All in favor say aye.
19 (Those in favor so indicate.)
20 A.G. BALDERAS: Any opposed? The record will
21 show that the motion passes for acceptance of Exhibit
22 No. 3, 14-0302-P through 14-0356-P.
23 MR. JONES: Mr. Chair, Exhibit No. 4 is Dona
24 Ana County Sheriff's Academy Class No. 20. It's a
25 one-page exhibit, it starts with Jonathan Almanza and
Page 38
1 ends with Brandon Switzer.
2 A.G. BALDERAS: I'll entertain a motion for
3 that exhibit.
4 SHERIFF WALLER: Mr. Chairman, I move that we
5 approve Certification Nos. 14-0357-P through
6 14-0374-P.
7 A.G. BALDERAS: Is there a second to that
8 motion?
9 SERGEANT QUEZADA: I second that.
10 A.G. BALDERAS: All in favor.
11 (Those in favor so indicate.)
12 A.G. BALDERAS: Any opposed? The record will
13 show that the motion is passed for Exhibit 4
14 unanimously, 14-0357-P through 14-0374-P.
15 MR. JONES: Mr. Chair, the next exhibit is
16 Cert By Waiver Class No. 84. And it is Exhibit No. 5,
17 a single page. It begins with Byron Abeyta and ends
18 with Michael Wood.
19 A.G. BALDERAS: Is there a motion for
20 approval?
21 MR. BARNCASTLE: Mr. Chairman, I'll move to
22 accept the Exhibit 5, specifically 15-0001-P through
23 15-0019-P including 91-0096-P for approval of
24 certification.
25 A.G. BALDERAS: Is there a second on that
Page 39
1 motion?
2 MR. KORN: I would second.
3 A.G. BALDERAS: All in favor say aye.
4 (Those in favor so indicate.)
5 A.G. BALDERAS: Any opposed? The record will
6 show that the motion passes to accept Exhibit 5,
7 15-0001-P through 15-0019-P and 91-0096-P.
8 MR. JONES: Mr. Chairman, the next one is Las
9 Cruces Academy Class No. 44, Exhibit No. 6, a single
10 page. It starts with Keegan Arbogast and ends with
11 Charlie Velasco.
12 A.G. BALDERAS: Is there a motion to be
13 entertained?
14 SERGEANT QUEZADA: Mr. Chair, I would like to
15 make a motion to accept the certifications for Exhibit
16 No. 6, 15-0021-P through 15-0042-P.
17 A.G. BALDERAS: Is there a second?
18 CHIEF McCALL: Second.
19 A.G. BALDERAS: All in favor say aye.
20 (Those in favor so indicate.)
21 A.G. BALDERAS: Any opposed to that motion?
22 The record will show that the Board approved
23 Exhibit 6, 15-0021-P through 15-0042-P.
24 MR. JONES: Sir, the next one is the San Juan
25 County Academy Class No. 34, Exhibit No. 7, a single
Page 40
1 page. It begins with Navid Babadi and ends with
2 Anthony Vowell.
3 A.G. BALDERAS: I'll take a motion for
4 approval.
5 CHIEF McCALL: Motion to approve Exhibit 7,
6 Certification Nos. 15-0043-P through 15-0053-P.
7 A.G. BALDERAS: Do I have a second?
8 SERGEANT QUEZADA: I'll second that.
9 A.G. BALDERAS: All in favor say aye.
10 (Those in favor so indicate.)
11 A.G. BALDERAS: Any opposed? The motion
12 passes to accept Exhibit 7, 15-0043-P through
13 15-0053-P.
14 MR. JONES: Mr. Chair, Exhibit 8 is
15 Southeastern New Mexico Law Enforcement Academy Cert
16 by Waiver Class No. 17. It starts with Mark
17 Christensen and ends with Alfredo Sanchez.
18 A.G. BALDERAS: Is there a motion for
19 approval?
20 CHIEF McCALL: Motion to approve Exhibit 8,
21 Certification Nos. 15-0054-P through 15-0063-P to
22 include Certification No. 85-0110-P.
23 A.G. BALDERAS: Thank you. Is there a second
24 to that motion?
25 MR. KORN: I'll second.
Page 41
1 A.G. BALDERAS: Thank you. All in favor say
2 aye.
3 (Those in favor so indicate.)
4 A.G. BALDERAS: Any opposed? The record will
5 reflect that the exhibit is approved. Director Jones.
6 MR. JONES: Mr. Chair, the next one is New
7 Mexico State Police Academy No. 88, Exhibit No. 9, a
8 single page. It starts with Ruben Aguilar and ends
9 with Mario Wilson.
10 A.G. BALDERAS: Is there a motion for
11 approval of Exhibit 9?
12 SHERIFF WALLER: Mr. Chair, I move to approve
13 Certification Nos. 15-0064-P through 15-0098-P.
14 A.G. BALDERAS: Thank you. Is there a second
15 on that motion?
16 MR. BARNCASTLE: I'll second.
17 A.G. BALDERAS: All in favor say aye.
18 (Those in favor so indicate.)
19 A.G. BALDERAS: Any opposed? The record will
20 reflect that the motion passes for Exhibit 9 to be
21 accepted, Nos. 15-0064-P through 15-0098-P.
22 Director Jones, Exhibit 10.
23 MR. JONES: Mr. Chair, Cert By Waiver Class
24 No. 85, Exhibit No. 10, a single page. It starts with
25 Timothy Trimble and ends with Ronnie Simplicio.
Page 42
1 A.G. BALDERAS: Is there a motion to approve?
2 SERGEANT QUEZADA: Mr. Chair, I would like to
3 make a motion to accept the certification for Exhibit
4 No. 10, Cert By Waiver Class 85, with 15-0101-P
5 through 15-0110-P.
6 A.G. BALDERAS: Is there a second for that
7 approval?
8 CHIEF SOLAND: Second.
9 A.G. BALDERAS: All in favor say aye.
10 (Those in favor so indicate.)
11 A.G. BALDERAS: Any opposed? The motion
12 passes to accept Exhibit 10, Nos. 15-0101-P through
13 15-0110-P.
14 Director Jones, there's one final item.
15 MR. JONES: Mr. Chairman, the next one is a
16 Cert by Waiver Challenge. And it is a single page,
17 Exhibit No. 11, No. 95-0327-P, Eric Montano;
18 No. 15-0099-P, Sara Howard; and 15-0100-P, which is
19 Logan McKinney.
20 A.G. BALDERAS: I'll entertain a motion for
21 approval.
22 MR. BARNCASTLE: Mr. Chairman, I'll make a
23 motion to approve Exhibit 11, specifically
24 Nos. 95-0327-P, 15-0099-P, and 15-0100-P.
25 A.G. BALDERAS: Is there a second to that
Page 43
1 motion?
2 SHERIFF WALLER: Second.
3 A.G. BALDERAS: All in favor say aye.
4 (Those in favor so indicate.)
5 A.G. BALDERAS: Any opposed? The record will
6 show that the Board approved Exhibit 11, 95-0327-P,
7 15-0099-P, and 15-0100-P. I believe that concludes
8 our Exhibit Nos. 1 through 11.
9 ITEM NO. 10: RATIFICATION OF CERTIFICATIONS FOR
10 PUBLIC SAFETY TELECOMMUNICATORS
11 A.G. BALDERAS: I'd like to go to the next
12 agenda item, No. 10, ratification of certifications
13 for telecommunicators, which will be presented also by
14 Director Jones. You have the floor, Director Jones.
15 MR. JONES: Mr. Chair, I would like to have
16 the Board ratify Public Safety Telecommunicator
17 Academy Class No. 128, Exhibit 1, which is a single
18 page, starting with Briana Aguilar and ending with
19 Loida Yeahquo.
20 A.G. BALDERAS: Is there a motion on
21 Exhibit 1?
22 SERGEANT QUEZADA: Mr. Chair, I'd like to
23 make a motion to accept for certification Exhibit
24 No. 1, Telecommunicator Class No. 128,
25 Nos. 15-0001-PST through 15-0027-PST, also to include
Page 44
1 94-0078-PRD.
2 A.G. BALDERAS: Is there a second to that?
3 MR. KORN: I'll second, Mr. Chairman.
4 A.G. BALDERAS: All in favor say aye.
5 (Those in favor so indicate.)
6 A.G. BALDERAS: Any opposed? The record will
7 show the motion passed to approve certifications for
8 Exhibit 1.
9 MR. JONES: The next exhibit, Exhibit 2, is
10 the San Juan County Communication Authority Public
11 Safety Telecommunicator Academy Class No. 2. It
12 starts with Asbe Thomas and ends with Lynda Walker.
13 A.G. BALDERAS: Is there a motion to approve?
14 CHIEF KASSETAS: I'd like to make a motion to
15 approve Exhibit 2, Nos. 15-0028-PST through
16 15-0034-PST and also including 10-0088-PST.
17 A.G. BALDERAS: Is there a second to that
18 motion?
19 SERGEANT QUEZADA: I'll second that.
20 A.G. BALDERAS: All in favor say aye.
21 (Those in favor so indicate.)
22 A.G. BALDERAS: Any opposed? The record will
23 show that the Board approves the certifications for
24 Nos. 15-0028-PST through 15-0034-PST and 10-0088-PST.
25 The motion passes for Exhibit 2.
Page 45
1 MR. JONES: Mr. Chair, I would like the Board
2 to approve Southeastern New Mexico Law Enforcement
3 Academy Public Safety Telecommunicator Class No. 8.
4 It starts with Rae Lynn Ayala through Adelina
5 Trujillo.
6 A.G. BALDERAS: Is there a motion?
7 CHIEF McCALL: Motion to approve Exhibit 3,
8 Certification Nos. 15-0035-PST through 15-0046-PST.
9 A.G. BALDERAS: Thank you. Is there a second
10 to that motion?
11 SHERIFF WALLER: Second.
12 A.G. BALDERAS: All in favor say aye.
13 (Those in favor so indicate.)
14 A.G. BALDERAS: Any opposed? The record will
15 reflect that the motion has passed to accept
16 Exhibit 3, 15-0035-PST through 15-0046-PST.
17 MR. JONES: Mr. Chair, this concludes our
18 ratifications. Thank you very much.
19 A.G. BALDERAS: Thank you, Director Jones.
20 ITEM NO. 11: DISCUSSION OF SANCTIONS IN DISCIPLINARY
21 CASES, INCLUDING THE PENALTY MATRIX AND TRACKING OF
22 DISCIPLINARY ACTIONS TAKEN BY AGENCIES
23 A.G. BALDERAS: I'd like to direct the Board
24 and the general public to agenda item 11, the
25 discussion of sanctions in disciplinary cases,
Page 46
1 including the penalty matrix and tracking of
2 disciplinary actions taken by agencies. The next item
3 on the agenda was requested for discussion by Chief
4 Kassetas. So I'll recognize him at this time. Thank
5 you, Board Member.
6 CHIEF KASSETAS: Thank you, Mr. Chair and
7 fellow members. I wanted to discuss the way this
8 Board looks at taking action against officers and
9 dispatchers in which there are allegations of
10 misconduct.
11 Sometime back, under Acting Director Hubbard,
12 there was a penalty guidelines created that this Board
13 has utilized. And it was in place when I arrived in
14 this position.
15 Essentially what happens is we know, as we go
16 through a process where an LEA-90 is submitted to the
17 Law Enforcement Academy Director, an informal hearing
18 is conducted. And this Board ultimately agrees with
19 the Director or the Admin. Judge's findings or they
20 move forward.
21 When it comes to the penalties that we
22 exercise, I have concerns. I don't think this Board,
23 when you look at this binder I have here, can handle
24 or is equipped to be the Internal Affairs for the more
25 than -- Director Jones, I'm going to take a stab at
Page 47
1 this.
2 Over how many law enforcement agencies in New
3 Mexico, 235 law enforcement agencies probably with
4 6,000 officers?
5 MR. JONES: Yes, sir.
6 CHIEF KASSETAS: Close to 6,000 officers, to
7 oversee the level of conduct. Now, don't get me
8 wrong. I'm not saying the Board should back away from
9 this.
10 We definitely should be looking at cases of
11 conduct that are serious in nature, that require us to
12 either revoke, which is permanently remove the ability
13 for someone to be a police officer in the state, or
14 suspend an individual for misconduct.
15 We're having problems when we levy penalties.
16 For instance, I look at DWI, where an individual
17 officer has three to six months of a suspension of
18 their certification. And I know that there are other
19 areas where a DWI is aggravated and I know it enhances
20 that suspension.
21 But essentially, if we as a Board or the
22 Director decide to suspend an officer for six months
23 for a DWI, that's a six-month paid vacation in my mind
24 because we do not regulate pay. That is an agency's
25 decision.
Page 48
1 We basically suspend the certification, which
2 forces the chief or sheriff or Director to have to
3 place that officer in a nonworking field status,
4 stripping him of a gun and a badge. And he sits in an
5 office for three to six months, if they choose to not
6 terminate him, which I question why as far as a DWI
7 goes, although that's each chiefs' prerogative I
8 suppose or leaders' prerogative. So it becomes
9 problematic.
10 What I'm more interested in as a Board Member
11 is to document the misconduct of each officer as it
12 occurs through the Law Enforcement Academy so it
13 follows those officers through their career.
14 I've seen a lot of fine officers in my 23
15 years. And some have made mistakes and have been able
16 to recover. And I've seen others with four pages of
17 law enforcement misconduct. And I scratch my head,
18 how can this individual move from agency to agency.
19 So it's important for the Board I think to
20 consider the punishment levied by the agency
21 submitting the LEA-90, which we don't do.
22 So I would like to discuss how the Board can
23 possibly consider the punishment levied against the
24 officer but still intake the case so that particular
25 conduct is recorded on the officer's history so it
Page 49
1 follows them throughout their New Mexico law
2 enforcement career.
3 That way, when I go to hire somebody, I'm
4 able to look at their history and determine what
5 misconduct the LEA Board reviewed. And I would also
6 like to talk about the penalty guidelines matrix and
7 how we can possibly improve upon how we do business.
8 That's my two main issues.
9 A.G. BALDERAS: Thank you, Board Member. Is
10 there any other discussion from the Board on that
11 topic?
12 MR. KORN: Mr. Chair, I'd like to add a
13 couple of thoughts on that as well, if I may.
14 A.G. BALDERAS: Sure.
15 MR. KORN: Mr. Chair, Members of the Board,
16 Chief Kassetas and I have had conversations about
17 this. And when the penalty guidelines were initiated,
18 it was an attempt to standardize penalties so that
19 every officer under similar circumstances would get a
20 uniform sense of misconduct penalties.
21 Before that there was no way for any officer
22 to know whether he was getting hammered or whether he
23 was treated unfairly. In this way every officer knows
24 the parameters within which he can expect to be
25 treated.
Page 50
1 But to some extent I also agree with Chief
2 Kassetas that, by doing penalty guidelines and by
3 making them somewhat strict, we don't know if we're
4 reducing the amount of cases that are brought to us by
5 agencies around the state.
6 And then counterpoint to that is that there
7 are agencies around the state that are small that
8 would give no penalty for, say, lying, where there are
9 other agencies around the state that would fire
10 somebody.
11 So I think that the Board has to deal with
12 this conundrum, because with 260 agencies, everybody
13 is going to have a different way of doing it. And the
14 only standardization would be the Board. And I think
15 that's part of the discussion that ought to be entered
16 into as well.
17 A.G. BALDERAS: Thank you, Board Members, for
18 feedback. Any other comment or discussion on this
19 topic?
20 I'm going to take some Chair liberty on what
21 has been raised as an important topic by the chief and
22 actually members of the public that I think an
23 appropriate approach, considering that I also think
24 it's a priority to assess and better understand what
25 law enforcement agencies are doing in the State of New
Page 51
1 Mexico when it comes to discipline, but more
2 importantly what discipline means to protecting good
3 officers and what discipline means to protecting the
4 community.
5 I'm going to appoint a subcommittee to work
6 with Director Jones and get a handle on what an
7 assessment would look like in terms of what the facts
8 are related to the topic of discipline. I have
9 considerable interest in this subcommittee reporting
10 back to this body and then to the public.
11 And I would like to appoint Board Members
12 Chief Kassetas, Chief McCall, and Sheriff Waller to
13 serve as a subcommittee to gain a better understanding
14 of the discipline issues in the State of New Mexico
15 and also to report back on ID'ing what those
16 challenges are potentially, moving forward and
17 discussing solutions.
18 And I don't need a motion for that. I'm just
19 appointing at the discretion of the Chair. Is there
20 any further discussion on that potential action item?
21 I want to thank our Board Members for that discussion.
22 ITEM NO. 12: A BOARD DISCUSSION REGARDING WHO SHOULD
23 BE ABLE TO SET MATTERS ONTO THE AGENDA OF
24 PUBLIC MEETINGS OF THE NEW MEXICO LAW
25 ENFORCEMENT ACADEMY BOARD
Page 52
1 A.G. BALDERAS: I'd like to move to item
2 No. 12, a board discussion regarding who should be
3 able to set matters on the agenda. As you can tell,
4 these agendas are quite long. But there are very
5 important matters being addressed.
6 We would like to discuss a little bit about
7 what that criteria should be. And I would like to
8 recognize Board Member Korn, who asked to present this
9 item on the agenda.
10 MR. KORN: Thank you, Mr. Chair. Mr. Chair,
11 Members of the Board, I believe that our rules of
12 operation, the NMAC rules, are somewhat unique in that
13 we permit anybody to put an item on our agenda,
14 whether it be members of the public or members of --
15 well, anybody can put an item on our agenda.
16 And then the Board spends time discussing
17 things that may not involve the Board, that may be
18 extraneous to the matters we handle or the matters we
19 are able to handle. But it does tie up Board time
20 from other matters that I think we can do well.
21 And I think that we should be like most
22 boards around the state and limit our agenda to items
23 that Members of the Board want to put on the agenda.
24 By doing that, I'm not trying to limit the public from
25 having interaction with us.
Page 53
1 I'm just saying that we need to have an
2 organized system of processing our own Board matters.
3 And nothing in my suggestion prevents a member of the
4 public from contacting a Board Member or a member of a
5 department from contacting a Board Member.
6 So I mean the protocol might be a sheriff
7 that wants something on the agenda might contact
8 Sheriff Waller. A citizen that wants something on the
9 agenda might contact one of the two citizen
10 representatives.
11 Then that Board Member would be responsible
12 for organizing the agenda, preparing the
13 documentation, preparing the dissertation before the
14 Board so it's efficient, and then that Board Member
15 would be responsible for having his name on the agenda
16 item.
17 So that was a discussion that I was
18 proposing. And if the Board has a notion that that
19 might be an idea that they agree with, I would then
20 make a motion that we direct our counsel to start the
21 preparation for making an NMAC change at the next
22 meeting. Thank you, Mr. Chairman.
23 A.G. BALDERAS: Thank you, Board Member Korn.
24 Is there any further discussion on that?
25 CHIEF KASSETAS: Mr. Chair, I'd have to agree
Page 54
1 with Mr. Korn. And I want to stress that public input
2 is important. It's why we're here. And I believe
3 that, through the public comment portion of the
4 process, that this is accomplished.
5 And I also believe that, through the public's
6 outreach to the individual Board Members, which, of
7 course, we're available, we're listed publicly, people
8 know who we are, that there's an ability to talk to a
9 Board Member about putting on items and enabling us to
10 essentially deal with the business at hand. So I'd
11 have to agree.
12 A.G. BALDERAS: Is there any other discussion
13 on the topic of criteria for public agenda? And
14 actually I know we have several other topics. I also
15 as the Chair really believe it's absolutely essential
16 that this Board be able to with complete confidence
17 understand state law, our regulatory compliance
18 related to the Open Meetings Act, public records.
19 And I was going to suggest maybe to this
20 Board that we also appoint a subcommittee for
21 compliance in governance. I think this is one of
22 those issues that you recognized is a concern. But my
23 only concern for the rest of our members is that there
24 seems to be other overlapping laws and regulations
25 that we need to consider.
Page 55
1 And if you're open to it, I would rather
2 appoint a subcommittee to understand all the
3 compliance, regulatory, and state laws that this Board
4 has to comply with. And I'll appoint Chief Kassetas,
5 Board Member Barncastle, and anyone else that wants to
6 sit on that subcommittee in terms of evaluating what
7 our compliance needs are; and secondly, maybe where we
8 can improve, if you're open to that, Chief.
9 This was actually your topic. I would prefer
10 to do that considering we have new members on this
11 committee.
12 MR. KORN: If may, Mr. Chairman. You're
13 suggesting, instead of having a motion on this, we
14 just have a subcommittee study it and then decide what
15 to do at a later date?
16 A.G. BALDERAS: Yes. And that's only my
17 Chair's recommendation, because there are other
18 regulations and laws also. My priority is going to be
19 that this Board adopt a policy agenda moving forward,
20 but that that policy agenda be set related to
21 priorities and needs that are in full compliance with
22 all the other regulations and laws that we need to
23 comply with.
24 So my job is to keep this Board in full
25 compliance. And so I would rather have a subcommittee
Page 56
1 attack all of the governance issues at once and then
2 come back with a full report on where this Board can
3 improve, if the Board is open to that.
4 MR. KORN: Mr. Chairman, since it was my
5 motion, I would defer to the Chairman, if that's your
6 idea and what you would like to do.
7 MR. MECHELS: Mr. Chair.
8 A.G. BALDERAS: Yes, Mr. Mechels.
9 MR. MECHELS: I would request a public
10 comment, that members of the public be allowed to
11 speak briefly to this issue, because you're talking
12 about our rights. Can I speak briefly to the Board
13 about this?
14 A.G. BALDERAS: Sure, Mr. Mechels. Was the
15 motion withdrawn, Mr. Korn, just so I'm clear?
16 MR. KORN: No, sir. I'm deferring. But I
17 was going to suggest -- I don't know if there might be
18 other Members of the Board that would have a point of
19 view. I don't want to be the only one.
20 A.G. BALDERAS: Is there any further
21 discussion? I will address you in just a second,
22 Mr. Mechels. Let me just make sure I've got all the
23 Board Member discussion out of the way.
24 CHIEF McCALL: I would just like to know a
25 little bit more, what governances you want this
Page 57
1 subcommittee to look at, kind of a little more detail
2 of what you're referring to.
3 A.G. BALDERAS: I appreciate that. I think
4 that, at least in the beginning of my tenure, it would
5 be great for the three subcommittee members to work
6 with staff directly, the Director, to understand which
7 regulations and laws specifically apply to this Board.
8 I know that there are many topics that are
9 being discussed. And we're being asked to make
10 decisions on policy moving forward in terms of how
11 discipline complaints are filed, what range and scope
12 would we like to convey, the topics of curriculum,
13 enforcement, and discipline.
14 However, I'm also very concerned, and I think
15 this is actually a great opportunity, that I would
16 like to have the subcommittee identify any and all
17 laws and regulations that apply before this Board
18 begins to make a decision on policy; because I would
19 hate for the policy to be compromised by some
20 violation of either the Open Meetings Act or some
21 other form.
22 So that's my priority as the Chair, is just
23 to keep this Board on track with full compliance. As
24 I know, and we've heard public comment, there are
25 already considerable requests on our policy-making.
Page 58
1 But I'm also concerned that we educate all
2 the Board Members on our mission, our regulatory
3 compliance, and compliance with state laws. Would you
4 like to serve on the subcommittee?
5 CHIEF McCALL: Sure.
6 A.G. BALDERAS: Great.
7 CHIEF KASSETAS: Mr. Chair, before we go
8 forward, my question would be, though, wouldn't that
9 be the -- to inform the Board, wouldn't that be the
10 task of the Attorney General's attorney?
11 I'm not a lawyer. You can appoint me to the
12 subcommittee, and it would be very difficult for me to
13 get through the volumes of law that's associated with
14 this Board. So when we make a decision, we would
15 defer to Mr. Word, for instance, and say is this on
16 track. We've done that in the past.
17 I think one of the bigger issues here is when
18 we need to allow the public to have a voice. And
19 there's a proper time and place for that. But if 30
20 people from the public want to talk to this Board,
21 what do we do? How do we do business? That's the
22 extreme. Right?
23 If 30 people call in before the next meeting
24 and say I want on the Law Enforcement Academy Board
25 agenda, whether that's good or bad, we're going to be
Page 59
1 here for a week. How do we get to the business at
2 hand. And how do we also meet the public's needs to
3 vocalize what their issues are.
4 And again I go back to public comment. And I
5 think I agree with you, we can study this. I just
6 don't know if a subcommittee is going to get us there
7 on this particular issue or, as you've said, the rules
8 that govern this Board. It's some type of higher-up
9 discussion with attorneys and your staff that know the
10 rules and whatnot.
11 A.G. BALDERAS: Sure. Board Member Kassetas,
12 your comments and concerns are well-taken. That's
13 exactly why staff would actually be doing the research
14 and the full briefing. So I would never put somehow
15 some type of legal compliance on the Board to do the
16 research.
17 The subcommittee would absolutely, though, be
18 directed to get a full briefing from the staff. And
19 once they feel comfortable that the staff has met the
20 burden to do a full regulatory review and legal
21 compliance review, the subcommittee could be very
22 useful in asking direct questions of the staff in case
23 they miss something.
24 So that way, when it comes to the Board and
25 the public meeting, you will have vetted your
Page 60
1 concerns. You'll have also reached out to staff to do
2 further research.
3 So if I needed to clarify, that would be the
4 purpose of the subcommittee, is to screen out many of
5 the concerns. That way we have a more final product.
6 But I agree with your concerns, especially in terms of
7 the public comment.
8 We want to make sure we get it right when we
9 make a determination on public comment that's
10 compliant with regulatory and legal requirements and
11 state law. So I want you to make a policy
12 determination.
13 But I just want the Board to be able to make
14 that determination, understanding that we are not
15 violating any regulation or laws before we make that
16 decision. So that's why I recommended a subcommittee.
17 CHIEF KASSETAS: Mr. Chair, with that
18 description and explanation, I completely understand
19 and agree with the formulation of that subcommittee to
20 work with your staff. I understand it now. Thank
21 you.
22 A.G. BALDERAS: Thank you, Board Member
23 Kassetas. So now we have actually two subcommittees.
24 Mr. Mechels, with full respect to you, I
25 don't know how to necessarily handle opening up public
Page 61
1 comment to every discussion point on this. I would
2 love to hear some of your remarks briefly. But I want
3 you to keep in mind that this is breaking from
4 practice.
5 MR. MECHELS: On the topic of the agenda,
6 this directly addresses the right of the public. It
7 directly addresses the rights of the public and
8 reduces the rights. I think it's very important.
9 A.G. BALDERAS: You're on the agenda a few
10 points down.
11 MR. MECHELS: But not on this issue. If you
12 would like, I can raise this on that agenda item.
13 A.G. BALDERAS: If you would, only for
14 efficiency. Could we save your comments when we get
15 to that point.
16 MR. MECHELS: With the understanding that I
17 can raise it then.
18 A.G. BALDERAS: I would believe that would be
19 appropriate. We're okay with that.
20 ITEM NO. 13: REVIEW OF SAFE PURSUIT ACT
21 A.G. BALDERAS: I would like to go to agenda
22 item 13, review of the Safe Pursuit Act. This agenda
23 item has been requested by a member of the public.
24 They will be given ten minutes to address the Board on
25 this matter. Is the individual here? Great. You
Page 62
1 have the floor.
2 MR. GOAD: Okay. Thank you. Thank you for
3 allowing me to address this issue. I did it with the
4 last Chair. But there are new Members of the Board, a
5 new Chairman, and it's a stark and a simple issue.
6 My name is Chris Goad. Anyway there's a long
7 1978 Safe Pursuit Act which briefly specifies that
8 officers should engage in a pursuit only to avoid a
9 clear and present danger to the public. Further, the
10 act specifies that that requirement be written into
11 the policies of each individual law enforcement
12 agency.
13 Third, it specifies that those policies
14 should be submitted to the Director of the LEA to
15 assure that they meet the requirement. However, many
16 of the existing policies of law enforcement agencies
17 are not in compliance with the Safe Pursuit Act.
18 For example, the DPS policy for safe pursuit
19 basically says, if someone flees, pursue under the
20 officer's discretion. So that's in direct
21 contradiction to the Safe Pursuit Act. So effectively
22 that's an illegal policy. It would seem -- and the
23 consequences of that are serious.
24 You've heard today about Jeannette Anaya. In
25 that case Officer Wilson undertook a pursuit which was
Page 63
1 in violation of the Safe Pursuit Act but in compliance
2 with the DPS policy. So it's a very serious matter, a
3 fatal matter.
4 It would seem that the LEA as an
5 organization, and particularly the LEA Board, has the
6 responsibility and the authority to bring policies
7 into compliance with the act. Certainly the people
8 who wrote the act, the authors of the act, thought so.
9 So basically my request -- or my idea is that
10 that responsibility should be taken seriously by the
11 Board. And the policy should be brought into
12 compliance with the act.
13 By the way, I have a handout which covers
14 what I just said. And I think you should all have
15 copies of that. And anyone in the audience who wishes
16 to have one can pick it up from Chris Mechels. That's
17 all I had to say. Thank you.
18 A.G. BALDERAS: Thank you, Mr. Goad.
19 ITEM NO. 14: LESSON PLAN APPROVALS, CURRICULUM MAKING
20 PROCESS, TESTING PROTOCOLS, AND RULEMAKING PROCESS
21 A.G. BALDERAS: I'd like to direct the Board
22 to item No. 14, lesson plan approvals, curriculum
23 making process, testing protocols, and rulemaking
24 process. The next item was submitted by Mr. Mechels.
25 Sir, you have ten minutes to present your
Page 64
1 items. Mr. Mechels, you have the floor.
2 MR. MECHELS: Mr. Chair, Members of the
3 Board, could I request that I have two minutes to
4 speak to the issue that you asked me to defer rather
5 than taking it out in my ten minutes.
6 A.G. BALDERAS: I will take that as a
7 reasonable request.
8 MR. MECHELS: Thank you. As a Member of the
9 Board, Mr. Korn and I have had frequent interactions
10 since I first approached this Board in February of
11 2014. I think that it's very important that the Board
12 be allowed -- that the public be allowed to bring
13 agenda items.
14 As for today, you cut me off at two minutes
15 in the public comment period. And now they're
16 suggesting that that should be the public input,
17 period, just cut off in two minutes.
18 A.G. BALDERAS: I want to support you.
19 Actually it was three and a half minutes.
20 MR. MECHELS: I mean the rule. I mean you
21 gave me two minutes. Ordinarily it's five minutes.
22 A.G. BALDERAS: I'll look into that.
23 MR. MECHELS: The difference between this,
24 between having an agenda item and having a public
25 comment period, is during the public comment period I
Page 65
1 can bring issues that are more substantive.
2 There's already protection against that in
3 the NMACs which says that the agenda items must be
4 pertinent to the business of the Board. People can't
5 just walk in and throw things on your agenda. They
6 have to be pertinent to the business of the Board.
7 Have I ever brought this Board anything
8 that's not pertinent to the business of the Board? I
9 don't think so.
10 As far as cluttering the agenda, let me point
11 out something else as to who is cluttering the agenda.
12 Mr. Korn in 2013 had 16 agenda items, in 2014 he had
13 14 agenda items, and in 2011 he had ten agenda items.
14 He is a member of the public. He represents
15 no constituency. Mr. Gratton, the other member of the
16 public who has a background in education, presented no
17 agenda items during that period.
18 So if you look at who has cluttered the
19 Board, I suggest it's Mr. Korn that has brought this
20 issue forward. And something that should be looked
21 at, in the same breath when you're looking at limiting
22 public input, is defining the proper role for a member
23 of the public.
24 The rest of you on the Board have a
25 constituency which is identified. He has none. Why
Page 66
1 do you allow a member of the public to come in and
2 totally dominate the discussion when he has no
3 constituency outside of himself.
4 That ends my comment on that. Obviously I'm
5 against changing that -- closing that opening for the
6 public, because the public needs some voice in this.
7 Isn't this is a public problem?
8 Now, back to my main agenda item. The
9 issues, as put before you on the agenda item, was to
10 update four problems that I have brought before the
11 Board in the last year.
12 One of them, which is current and I thought
13 would be on this agenda, was the lesson plans. They
14 have never been approved. They're supposed to be
15 approved by the Board before use and be made available
16 on the website. They have not been approved, but they
17 are in use. And they're not all on the website or at
18 least only three blocks of 16 blocks are available on
19 the website.
20 I know there are 16 blocks because I have
21 them, I got them by IPRA. But by your own rules, they
22 should be on the website and they are not. Question:
23 Why aren't they? I think the answer bears some
24 looking into.
25 But to the lesson plans, some of my research
Page 67
1 which I will share with you at this point, is part of
2 what's going on here is the origin of lesson plans.
3 And I refer you to Exhibit 21, which is the back sheet
4 of your handout. That is this handout which I gave to
5 you earlier, the back sheet is Exhibit 21.
6 And there we will find, on page 33 on that
7 Exhibit 21, Mr. Kassetas, a Board Member, sharing with
8 us, saying, "I would like to discuss the lesson plans.
9 I do agree with the Director that the content of the
10 lesson plans is the job of the Director, the Deputy
11 Secretary of the Department of Public Safety, and
12 ultimately the Secretary, Greg Fouratt, is responsible
13 for the content."
14 Here we have the DPS secretary is responsible
15 for lesson plan content? This Board is supposed to
16 be, by the law which created it, independent. What is
17 the DPS doing making your lesson plan content? That
18 seems totally inappropriate.
19 Another item that comes up and is also within
20 these handouts is we have Gordon Eden, the previous
21 DPS secretary. And what Mr. Eden is saying, is on
22 record as saying, in Exhibit No. 1 and on into Exhibit
23 No. 2, is Mr. Eden in September of '13, when they were
24 arguing for changing the process of the curriculum,
25 Mr. Eden is describing how he, as DPS secretary,
Page 68
1 caused this to happen.
2 Where is the independence of this Board? You
3 have the DPS secretary telling you how he did it, how
4 he caused that change. And he's right, he did cause
5 that change. Where is your independence? You are by
6 law independent. Where is that independence?
7 So as far as the lesson plans, the other
8 thing I would suggest for the lesson plans is for
9 anyone -- the Director, in the body of this document,
10 points out the fact that he's not sure that the Board
11 Members are qualified to examine the lesson plans.
12 Well, I think you're all qualified to examine
13 the lesson plans. And I think that what's really
14 going on is they don't want you to examine the lesson
15 plans.
16 I have taken the trouble to do so. It's very
17 revealing to examine these current lesson plans
18 against the previous lesson plans that were done under
19 the regime before the DPS attacked the Law Enforcement
20 Academy.
21 The previous lesson plans which are
22 available, you just don't find them -- if you can't,
23 ask me, I can supply them to you -- are professional
24 documents that look decent.
25 The current lesson plans are heavily edited
Page 69
1 versions of those earlier documents. All of the
2 formatting has been destroyed and a good part of the
3 content. The lesson plans right now are a very junior
4 league version of the lesson plans that existed when
5 you were still an independent organization.
6 The other thing -- I want to make sure I'm
7 not running short on time here. So let me just go to
8 the problem I have with the curriculum. It's just one
9 of the four subject areas I said I would be speaking
10 to.
11 The other big problem we have with the
12 curriculum is whether or not the curriculum has to be
13 done under the rules act. I refer you to Exhibit
14 No. 3. These are from previous minutes of this Board.
15 And on Exhibit 3 we have Mr. Word describing
16 what is the option of the Board as to whether to put
17 the curriculum in the NMACs. I suggest that that is
18 totally false. The reason the curriculum was always
19 in the NMACs is because the Open Meetings Act
20 requires -- pardon me.
21 The rules act require that you publish the
22 changes that affect the public. The curriculum has
23 always been seen as a rule that affects the public
24 and, therefore, it was published under the rules act.
25 And when you publish under the rules act, it
Page 70
1 ends up in the NMACs. That's just the way the system
2 works. You cannot separate the NMACs from the rules
3 act.
4 So when you stop publishing in the NMACs, you
5 also stop following the rules act. And you are bound
6 by statute to follow that rules act. And the Board
7 always did follow the rules act until 2013.
8 So right now I maintain that every change
9 you've made to the curriculum since December that has
10 not been advertised under the rules act is illegal.
11 And the only way you can make a legal curriculum is by
12 complying with the rules act as you are bound to do by
13 statute.
14 The other problem I would leave you with is
15 the fact of the transparency issue. Part of the
16 problem I'm having seeing what's going on -- and this
17 is a real serious problem with the public -- is
18 getting any information from the Law Enforcement
19 Academy. It is desperately hard. It is bloody damned
20 near impossible to get any information from this
21 Director.
22 In Exhibit 16 I show you the status of
23 current IPRA requests. I requested from all the
24 academies the last year's curriculum, their schedules,
25 and a list of the qualified instructors. I got the
Page 71
1 schedules. I did not get the curriculum. I did not
2 get the instructor lists.
3 And I know they are -- and I have no
4 explanation. So they are currently in violation of
5 IPRA. This doesn't seem to bother them. The reason I
6 wanted those things is because the curriculum
7 typically that we're running here in this state gets
8 very sloppily reviewed by the LEA.
9 I could point you to curriculum being run at
10 the academies, specifically Bernalillo and
11 Albuquerque, where they were running academies that
12 were about 800 hours long when the required number was
13 824. And those 800 hour numbers got past the Law
14 Enforcement Academy. Somebody needs to be able to
15 look at those curriculum, because the Law Enforcement
16 Academy is not doing a good job.
17 The other one that's currently a big item in
18 the state is -- and recently resulted in a lawsuit
19 down in Albuquerque, John Corvino sued over the issue
20 of instructor -- there was an issue down at
21 Albuquerque APD about instructor qualifications. And
22 he was basically run out of town because he asked
23 questions about instructor qualifications.
24 Bernalillo County has a recent issue with
25 that. The place responsible for making sure those
Page 72
1 certifications are current and correct is the
2 Director's office. And they're not doing it. So
3 there I'll stop and I'll take questions.
4 A.G. BALDERAS: Thank you, Mr. Mechels.
5 MR. WORD: Mr. Chair, Members of the Board,
6 just as your counsel I feel compelled to jump in and
7 remind everyone that Mr. Mechels and Mr. Goad are
8 engaged in litigation with the Board regarding the
9 curriculum and the Open Meetings Act.
10 And I ask that you not engage in anything
11 that may touch upon his lawsuit. I would point out to
12 Mr. Mechels that it is on the agenda and the Board
13 will be discussing this in closed session tomorrow as
14 we discuss pending litigation.
15 MR. MECHELS: Am I invited?
16 MR. WORD: It's in closed session.
17 MR. MECHELS: Oh. Too bad. Any other
18 questions? Thank you for your time. Mr. Chairman,
19 thank you.
20 A.G. BALDERAS: Thank you, Mr. Mechels.
21 ITEM NO. 15: MISCONDUCT CASES: BOARD REVIEW OF
22 MISCONDUCT CASES, TRACKING AND MANAGEMENT
23 A.G. BALDERAS: The next item on the agenda
24 is item No. 15, misconduct cases, review of misconduct
25 cases, tracking and management. It was submitted by
Page 73
1 Board Member Korn. Mr. Korn, you have the floor.
2 MR. KORN: Thank you, Mr. Chairman.
3 Generally in every meeting I bring the Board up to
4 speed on the cases that we have pending and what our
5 backlog is.
6 There are basically two series of dockets
7 that we have. The one would be the docket of the
8 Director, which it's been basically his docket since
9 about September of 2014. And the other is a docket of
10 the new Administrative Judge that we developed through
11 one of our Board protocols.
12 I'm delighted to say that, as far as I can
13 tell, the Director's cases have been basically brought
14 to zero for all intents and purposes. I know there
15 are some that are outstanding there. And after
16 tomorrow's session we'll know exactly what that is.
17 But basically I think those legacy cases as
18 we've called them are down to a very manageable
19 number. If they're not zero, they're under ten.
20 Meanwhile the AJ's cases are completely current. So
21 we have no backlog of cases anymore at all.
22 When a case comes into LEA, a case of
23 misconduct by an LEA-90, basically the Administrative
24 Judge whose name is David Linthicum -- and I think he
25 may be here today -- administers that case, reviews
Page 74
1 it, and then puts it out for a Notice of Contemplated
2 Action within a couple of days. And he has the
3 hearing within two or three weeks.
4 So I'm delighted to report that our caseload
5 is completely current and up-to-date. And this is
6 quite an achievement because -- well, five years ago,
7 when I started, we had a backlog of 300 cases. And
8 when you consider that the Board only gets 120 cases a
9 year, that was two and a half years of backlog.
10 It is now not only reduced, but actually
11 eliminated. So it's my pleasure to present that to
12 the Board today.
13 A.G. BALDERAS: Thank you, Board Member Korn,
14 for your update.
15 ITEM NO. 16: INDIVIDUAL BOARD MEMBER COMMENTS
16 A.G. BALDERAS: And now we're nearing a quick
17 break. And I want to thank the public who has been
18 here thus far. We're just going to take a very brief
19 break.
20 But I would like to defer to any other Board
21 comments. Congratulations to my Vice Chair. And I
22 know there are two new Board Members and myself here
23 as well that are deeply committed to Board issues.
24 Are there any other comments before we break?
25 MR. KORN: I would like to make one more
Page 75
1 comment.
2 A.G. BALDERAS: Sure.
3 MR. KORN: Today is my last meeting. And
4 I've been serving for about five years. I'm one of
5 the longest serving members I think that the Board has
6 ever had.
7 And I have to say both to the Board and to
8 the Chairman and to the public that for me this has
9 been a personal journey that's one of my greatest
10 missions. I have, as anybody that knows me would
11 know, an unheralded respect and admiration for law
12 enforcement as a profession and for officers that ply
13 that profession.
14 And to be able to sit on this Board has been
15 one of my most significant ways of giving back. There
16 have been dozens of things that the last five years
17 have brought in terms of changes.
18 I'm most proud, as being part of the Board,
19 of bringing the misconduct to zero. And I'm also very
20 proud of the fact that, for the first time, we were
21 able to take a cadet orientation and matriculation
22 through our academies from what used to be six months
23 down to four months without reducing the effectiveness
24 or the value of the training.
25 So I look at that as a wonderful achievement
Page 76
1 of the Board. And I am most gratified to have worked
2 with the Board. I wanted to express that as my last
3 comment.
4 A.G. BALDERAS: Thank you, Board Member Korn.
5 Thank you for your service. And like I said, we
6 appreciate it. Any further comment?
7 CHIEF McCALL: I just want to recognize Nate
8 Korn and all his efforts. You know, the item that we
9 just heard, the misconduct cases, I remember when I
10 started on this Board several years ago there were
11 Excel spreadsheets full of backlog cases.
12 And I don't know that anyone here on this
13 Board realizes what kind of personal investment
14 Mr. Korn has made to law enforcement and the number of
15 man-hours that he invests in trying to work on those
16 cases and trying to get those caught up and a system
17 put in place that was much more efficient for us.
18 You know, that would just kind of be an
19 example of some of the selfless things that Mr. Korn
20 has done for this Board. And that's only one of many.
21 I appreciate all he's done for law enforcement in New
22 Mexico.
23 A.G. BALDERAS: Thank you, Board Member
24 McCall. Any other comments? Yes, go ahead.
25 MR. BARNCASTLE: I'd like to recognize Nate
Page 77
1 Korn as well. The Board, when I first started three
2 and a half years ago, was an entirely different Board
3 than what it is today. And it's primarily due to your
4 efforts.
5 You've devoted a considerable amount of your
6 personal time, I know that for a fact, in ensuring
7 that we're where we're at right now. And I take great
8 pleasure in being part of this Board with you. It's
9 one of the most gratifying things in my 38 years of
10 law enforcement that I've ever done. And I appreciate
11 you and I appreciate your efforts. Thank you, Nate.
12 A.G. BALDERAS: Any other comments?
13 SERGEANT QUEZADA: I'd like to recognize Nate
14 for all his dedication. When Chief McCall comments
15 about how much time he donates into this, I don't
16 think people realize.
17 I actually work graveyard shift. And at two
18 o'clock in the morning, 2:30 in the morning, he's
19 replying to emails or sending out emails referencing
20 stuff coming up to the Board.
21 Me still working on the streets and seeing
22 someone that dedicated, I really, really appreciate
23 it. It just says a lot about you, Nate.
24 So I appreciate your dedication and your time
25 that you've provided to the Board because the result
Page 78
1 is always for the community. So thank you.
2 MR. KORN: Thank you.
3 CHIEF KASSETAS: Mr. Chair, I'll close out
4 with my comment that serving on this Board is in the
5 top three most difficult things I do as Chief of the
6 State Police, honestly it is. This Board is one of
7 the top three things that keeps me awake at night,
8 serving on this Board.
9 The business of policing the police, and I've
10 said that before, that's a huge responsibility. Not
11 only for us Board Members that come through the
12 academies and spend a large part of our careers in law
13 enforcement, but for the citizen volunteers who do
14 this work without compensation or acknowledgment of
15 their efforts.
16 Nate is one of those people that was able to
17 bring me up to speed quickly. It's baptism by fire as
18 the new members have obviously seen today. It's
19 important work.
20 Some members of the public would believe that
21 we're largely along for the ride. What I mean by that
22 is not being able to make our own decisions up here.
23 But I've been pleased to be surrounded by the
24 individuals on this Board who aren't afraid to speak
25 their mind and call it when it's right on behalf of
Page 79
1 the officer. And when it's wrong, they step up and
2 say that that was wrong conduct that we can't allow as
3 a governing board. And I appreciate that.
4 So, Nate, thank you for your service. We're
5 turning a page here. And I look forward to Chairman
6 Balderas' leadership and direction in moving forward.
7 It is important work. I don't have to tell you that.
8 It is one of the most important entities in state
9 government I think. So again thank you, Nate.
10 A.G. BALDERAS: Thank you, Board Member Korn.
11 Thank you for all your comments.
12 I also just want to reflect really quickly,
13 it's really an honor to be here in Rio Arriba County
14 and start our new tenure together in such an
15 important, diverse, and meaningful county and to come
16 out to the community. So thank you.
17 With that we'll take a brief ten-minute break
18 and then we'll get back. Thank you.
19 (Recess.)
20 ITEM NO. 17: RICHARD GARCIA
21 A.G. BALDERAS: I'd like to reconvene this
22 Board back to item No. 17, default orders of
23 revocation. I'll go through a list of the individuals
24 on the agenda and allow each individual to address the
25 Board, if he or she chooses.
Page 80
1 Is Mr. Garcia present and in attendance? I
2 will take a motion to accept the default order of
3 revocation.
4 MR. KORN: Mr. Chairman, I would so move.
5 And I might ask the Chair if it might be more
6 efficient to do all these at one time, make one grand
7 motion, if that will be acceptable to the Chair.
8 A.G. BALDERAS: I think probably for
9 efficiency that would be appropriate. I just, out of
10 an abundance of caution, would rather do them
11 separately today.
12 MR. KORN: I'll make the motion.
13 MR. BARNCASTLE: I'll second that motion.
14 A.G. BALDERAS: There's a motion to accept
15 the default order.
16 SERGEANT QUEZADA: On this one may the record
17 show that I'm recusing myself.
18 A.G. BALDERAS: Yes. The record will reflect
19 that you are recused. And there is a motion and a
20 second pending for Richard Garcia. All in favor.
21 (Those in favor so indicate.)
22 A.G. BALDERAS: Any nays? The motion passes
23 with Board Member Quezada recusing himself.
24 ITEM NO. 18: ADAM MENDOZA
25 A.G. BALDERAS: I would like to go to Adam
Page 81
1 Mendoza. Is Mr. Mendoza here? Mr. Mendoza is not
2 here. Is there a motion to accept the default order
3 of revocation for Mr. Mendoza?
4 CHIEF McCALL: Motion to accept.
5 A.G. BALDERAS: Motion to accept. Is there a
6 second?
7 SHERIFF WALLER: I second.
8 A.G. BALDERAS: All in favor.
9 (Those in favor so indicate.)
10 A.G. BALDERAS: Any nays? The motion passed.
11 We'll accept the default order for Adam Mendoza.
12 ITEM NO. 19: CHRISTOPHER MERRILL
13 A.G. BALDERAS: The next item is Christopher
14 Merrill. I'd like to entertain a motion for
15 Mr. Merrill.
16 SERGEANT QUEZADA: Mr. Chair, I would like to
17 make a motion to accept.
18 A.G. BALDERAS: There is a motion to accept.
19 Is there a second?
20 SHERIFF WALLER: Second.
21 A.G. BALDERAS: Second. Thank you. All in
22 favor.
23 (Those in favor so indicate.)
24 A.G. BALDERAS: Any nays? The motion passes
25 to accept the default order of revocation.
Page 82
1 ITEM NO. 20: THOMAS RODELLA
2 A.G. BALDERAS: I'd like to direct your
3 attention to item 20, Thomas Rodella. Is Mr. Rodella
4 in attendance? Mr. Rodella is not in attendance. Any
5 discussion of the Board? I'll accept a motion for the
6 default order for the matter of Thomas Rodella.
7 MR. KORN: I would so move, Mr. Chairman.
8 A.G. BALDERAS: There is a motion. Is there
9 a second?
10 SERGEANT QUEZADA: I'll second.
11 A.G. BALDERAS: There is a second. All in
12 favor.
13 (Those in favor so indicate.)
14 A.G. BALDERAS: Any nays? The motion passes
15 to accept the default order of revocation of
16 Mr. Thomas Rodella.
17 ITEM NO. 21: ISRAEL SAENZ, JR.
18 A.G. BALDERAS: I will now take the Board to
19 the matter of Israel Saenz. Is Mr. Saenz in
20 attendance? I'll accept a motion to accept the
21 default order for Mr. Israel Saenz.
22 SHERIFF WALLER: Mr. Chairman, I move to
23 accept.
24 A.G. BALDERAS: There is a motion. Is there
25 a second?
Page 83
1 MR. KORN: Second.
2 A.G. BALDERAS: There is a second. All in
3 favor.
4 (Those in favor so indicate.)
5 A.G. BALDERAS: Any nays? The motion passes
6 to accept the default order of revocation for
7 Mr. Israel Saenz.
8 ITEM NO. 22: JOSE SANCHEZ
9 A.G. BALDERAS: Mr. Jose Sanchez? Mr. Jose
10 Sanchez. Is there a motion to accept the default
11 order for Mr. Jose Sanchez?
12 SERGEANT QUEZADA: Sorry, Mr. Chair. For the
13 motion on this one, let the record show that I recused
14 myself.
15 A.G. BALDERAS: Yes. The record will reflect
16 that your recusal is accepted.
17 Is there a motion on the matter of Jose
18 Sanchez?
19 CHIEF McCALL: Motion to accept.
20 A.G. BALDERAS: Is there a second?
21 MR. KORN: I'll second.
22 A.G. BALDERAS: There is a motion to accept
23 the default order of revocation for Mr. Sanchez. All
24 in favor.
25 (Those in favor so indicate.)
Page 84
1 A.G. BALDERAS: Any nays? The motion passes
2 to accept the default order of revocation for Mr. Jose
3 Sanchez.
4 ITEM NO. 23: LEONARD STUFFLEBEAN
5 A.G. BALDERAS: Leonard Stufflebean, is
6 Leonard in attendance?
7 MR. JONES: Mr. Chairman, Mr. Stufflebean is
8 not in attendance. However, he did not receive his
9 Notice of Contemplated Action. And he found out
10 through his agency, who he had left, that there had
11 been an LEA-90 filed. He just called in this last
12 week and asked if he could be put into the system to
13 go through this.
14 A.G. BALDERAS: Okay. Great. Thank you for
15 that information, Director. It appears this motion
16 might not be proper. Is there a motion to table until
17 Director Jones provides a full follow-up on this
18 matter?
19 MR. KORN: I would make that motion,
20 Mr. Chairman.
21 A.G. BALDERAS: There is a motion to table.
22 MR. BARNCASTLE: I'll second.
23 A.G. BALDERAS: Thank you. All in favor of a
24 motion to table the matter relating to Leonard
25 Stufflebean say aye.
Page 85
1 (Those in favor so indicate.)
2 A.G. BALDERAS: Any nays? The motion passes
3 to table Leonard Stufflebean.
4 MR. JONES: Thank you very much,
5 Mr. Chairman.
6 ITEM NO. 24: JOHNATHAN MONTOYA
7 A.G. BALDERAS: I direct the Board back to
8 the matter of Johnathan Montoya. Jonathan Montoya,
9 are you in attendance?
10 CHIEF KASSETAS: Mr. Chair, before you move
11 forward, I would like to recuse myself in No. 24,
12 Jonathan Montoya.
13 A.G. BALDERAS: Let the record note that
14 Board Member Kassetas is recused. It appears
15 Mr. Montoya is not in attendance. Is there a motion
16 to accept the default order?
17 SERGEANT QUEZADA: Mr. Chair, I would like to
18 make a motion to accept.
19 A.G. BALDERAS: We have a motion. Is there a
20 second?
21 MR. KORN: I'll second.
22 A.G. BALDERAS: All in favor.
23 (Those in favor so indicate.)
24 A.G. BALDERAS: The motions passes to accept
25 the default order of revocation for Mr. Montoya with
Page 86
1 one abstention.
2 ITEM NO. 25: RUBEN TURRIETA
3 A.G. BALDERAS: I direct the Board to move to
4 Ruben Turrieta. Are you in attendance? Is there a
5 motion to accept the default order for Ruben Turrieta?
6 MR. BARNCASTLE: I'll make a motion.
7 A.G. BALDERAS: Thank you. Is there a
8 second?
9 CHIEF KASSETAS: Second.
10 A.G. BALDERAS: All in favor.
11 (Those in favor so indicate.)
12 A.G. BALDERAS: Any nays? The motion passes
13 to accept the default order for Ruben Turrieta.
14 And with that, Director Jones, are there any
15 other matters on this item?
16 MR. JONES: Yes, sir, there is. Number 29,
17 Mikal Monette, under AJ recommendations of default
18 revocation. He also did not receive his Notice of
19 Contemplated Action. I received a letter from his
20 attorney dated yesterday requesting that he have the
21 opportunity to get into the system and move through
22 the process.
23 A.G. BALDERAS: Thank you, Director Jones.
24 Before I entertain a motion, are there any others?
25 MR. JONES: No, sir.
Page 87
1 A.G. BALDERAS: I'll actually entertain a
2 motion to table Mikal Monette, if the Board would be
3 inclined.
4 MR. KORN: I would so move, Mr. Chairman.
5 A.G. BALDERAS: Is there a second?
6 SHERIFF WALLER: I second.
7 A.G. BALDERAS: Thank you. All in favor of
8 tabling Mikal Monette signify by saying aye.
9 (Those in favor so indicate.)
10 A.G. BALDERAS: Any nays? Mr. Mikal Monette
11 is tabled. The motion passes to table that matter
12 until Director Jones provides an update and an
13 appropriate response.
14 ITEM NO. 26: COLBY MORGAN
15 A.G. BALDERAS: I'd like to go back to I
16 believe it's No. 26, Morgan Colby; is that correct?
17 MR. JONES: Yes, sir.
18 A.G. BALDERAS: Is Mr. Colby Morgan here? At
19 this time I'll entertain a motion to accept the
20 voluntary relinquishment of Colby Morgan. Is there a
21 motion?
22 MR. BARNCASTLE: I'll make a motion.
23 A.G. BALDERAS: Is there a second?
24 CHIEF KASSETAS: Second.
25 A.G. BALDERAS: All in favor.
Page 88
1 (Those in favor so indicate.)
2 A.G. BALDERAS: Any nays? The motion passes
3 for voluntary relinquishment for Mr. Colby Morgan,
4 item No. 26.
5 ITEM NO. 27: JACOB GASSEL
6 A.G. BALDERAS: I'd like to direct the Board
7 to item No. 27, Jacob Gassel. Is Jacob available?
8 I'd like to entertain a motion to accept the default
9 order of revocation.
10 CHIEF McCALL: I'll make the motion.
11 SERGEANT QUEZADA: Second.
12 A.G. BALDERAS: All in favor.
13 (Those in favor so indicate.)
14 A.G. BALDERAS: Any nays? The motion passes
15 to accept the default revocation for Jacob Gassel.
16 ITEM NO. 28: CAROLYN NEWMAN
17 A.G. BALDERAS: Carolyn Newman, is Carolyn in
18 attendance? Item 28, I would like to entertain a
19 motion for a default order of revocation.
20 SERGEANT QUEZADA: Mr. Chair, I'll make the
21 motion.
22 A.G. BALDERAS: Thank you. Is there a
23 second?
24 SHERIFF WALLER: Second.
25 A.G. BALDERAS: All in favor?
Page 89
1 (Those in favor so indicate.)
2 A.G. BALDERAS: Any nays? The motion passes
3 to accept the default revocation for Carolyn Newman.
4 ITEM NO. 29: MIKAL MONETTE
5 A.G. BALDERAS: We've done item No. 29.
6 ITEM NO. 30: JERMAL JACKSON
7 A.G. BALDERAS: Item No. 30, Jermal Jackson.
8 Is Jermal Jackson in attendance? I would like to
9 entertain a motion for a default revocation on Jermal
10 Jackson.
11 SHERIFF WALLER: I move to accept.
12 A.G. BALDERAS: We have a motion. Do I hear
13 a second?
14 CHIEF KASSETAS: Second.
15 A.G. BALDERAS: All in favor.
16 (Those in favor so indicate.)
17 A.G. BALDERAS: Any nays? The motion passes
18 to accept the default order of revocation for Jermal
19 Jackson.
20 ITEM NO. 31: JUSTIN TRUJILLO
21 A.G. BALDERAS: Item No. 31, Mr. Justin
22 Trujillo. Is Justin Trujillo here? I'll entertain a
23 motion of recommendation for default revocation for
24 Justin Trujillo.
25 MR. KORN: I would so move.
Page 90
1 A.G. BALDERAS: Thank you. Is there a
2 second?
3 MR. McCALL: I'll second.
4 A.G. BALDERAS: All in favor.
5 (Those in favor so indicate.)
6 A.G. BALDERAS: Any nays? The motion passes
7 to accept the default order of revocation for Justin
8 Trujillo.
9 ITEM NO. 32: ERIC RUBIDOUX
10 A.G. BALDERAS: Item No. 32, Eric Rubidoux.
11 Is Eric Rubidoux in attendance? I'll entertain a
12 motion.
13 SERGEANT QUEZADA: Mr. Chair, I'll make a
14 motion to accept.
15 A.G. BALDERAS: Motion to accept the default
16 revocation. Is there a second?
17 CHIEF McCALL: Second.
18 A.G. BALDERAS: All in favor.
19 (Those in favor so indicate.)
20 A.G. BALDERAS: Any nays? The motion passes
21 to accept the default revocation of Eric Rubidoux.
22 CHIEF KASSETAS: Mr. Chair, before we move
23 forward, as it relates to No. 32, Eric Rubidoux, I
24 would like the record to show that I recused myself
25 from that decision.
Page 91
1 A.G. BALDERAS: Just so I'm clear, you did
2 not take a vote?
3 CHIEF KASSETAS: I did not take a vote.
4 A.G. BALDERAS: Let the record reflect that
5 Board Member Kassetas abstained from voting on item
6 No. 32. The motion did pass.
7 ITEM NO. 33: JONATHAN EDDY
8 A.G. BALDERAS: Item No. 33, Jonathan Eddy.
9 I would like to entertain a motion for a default order
10 of revocation on Jonathan Eddy.
11 SHERIFF WALLER: Move to accept.
12 A.G. BALDERAS: There's a motion to accept.
13 Is there a second?
14 CHIEF SOLAND: Second.
15 A.G. BALDERAS: There's a second. All in
16 favor.
17 (Those in favor so indicate.)
18 A.G. BALDERAS: Any nays, any opposition?
19 The motion passes to accept the default revocation of
20 Jonathan Eddy.
21 ITEM NO. 34: GABRIELLE BILLIMAN
22 A.G. BALDERAS: Item No. 34, Gabrielle
23 Billiman. Is Gabrielle Billiman in attendance? I
24 would like to entertain a motion of default
25 revocation.
Page 92
1 MR. BARNCASTLE: I'll move to accept the
2 default revocation.
3 A.G. BALDERAS: There is a motion to accept
4 the default revocation. Is there a second.
5 SERGEANT QUEZADA: I'll second.
6 A.G. BALDERAS: All in favor.
7 (Those in favor so indicate.)
8 A.G. BALDERAS: Nays, opposition? The motion
9 passes to accept the default revocation of Gabrielle
10 Billiman.
11 ITEM NO. 35: JOSHUA TERRELL
12 A.G. BALDERAS: And now I'd like to direct
13 the Board to item 35, Joshua Terrell. Is Joshua
14 Terrell in attendance? Items 35 through 41 will be
15 motions on recommendations of insufficient allegations
16 or evidence to proceed before the Board.
17 CHIEF KASSETAS: Mr. Chair, I have a quick
18 question for you.
19 A.G. BALDERAS: Sure.
20 CHIEF KASSETAS: It seems that 29 is the same
21 as 36. Is that a second one?
22 MR. JONES: Chief Kassetas, yes, that is. A
23 second LEA-90 was filed. We didn't know about the
24 second one, which is No. 29. The first one he went
25 before the AJ, and the recommendation was insufficient
Page 93
1 allegation or evidence. So that's where we are.
2 A.G. BALDERAS: Are you comfortable with
3 that, Chief, how it's stated and actually how it's
4 placed on the agenda?
5 CHIEF KASSETAS: Mr. Chair, I don't know. It
6 seems a bit awkward to me. I'm trying to follow it.
7 MR. KORN: Mr. Chair, can we perhaps table
8 those two. I know one we've already voted on.
9 MR. JONES: Sir, if I can also clarify, this
10 case was never issued an NCA. When the AJ got it, he
11 determined that it was a policy issue and he never
12 issued one. But we did receive an LEA-90 on it.
13 That's why it's on here for dismissal.
14 A.G. BALDERAS: Any other further discussion
15 on this matter?
16 MR. KORN: If may, Mr. Chairman, are they two
17 different cases?
18 MR. JONES: Yes, sir.
19 A.G. BALDERAS: Okay. Was there a motion?
20 CHIEF KASSETAS: I had a question. I think
21 it's been answered.
22 A.G. BALDERAS: Any other questions? Is
23 everyone comfortable in terms of how it is stated on
24 the agenda?
25 MR. KORN: Mr. Chairman, we used to assign
Page 94
1 numbers to these. I think the AJ didn't assign
2 numbers and the Director didn't know about the second
3 one.
4 A.G. BALDERAS: Okay. I'll direct the Board
5 back to item 35, Joshua Terrell. Is Joshua Terrell in
6 attendance? Joshua Terrell is not in attendance at
7 this time. Can I have a motion to accept the
8 recommendation for insufficient allegation or evidence
9 to proceed before the Board on Joshua Terrell?
10 MR. BARNCASTLE: Mr. Chairman, I'll so move.
11 A.G. BALDERAS: Thank you for your motion.
12 Is there a second?
13 SHERIFF WALLER: Second.
14 A.G. BALDERAS: All in favor.
15 (Those in favor so indicate.)
16 A.G. BALDERAS: Any opposition? The motion
17 passes to accept the recommendation of insufficient
18 allegations relating to Joshua Terrell.
19 ITEM NO. 36: MIKAL MONETTE
20 A.G. BALDERAS: Now, on to item 36, Mikal
21 Monette. I don't believe Mikal is in attendance. Is
22 there a motion for Mikal Monette?
23 MR. JONES: Is there a motion?
24 CHIEF McCALL: Motion to accept.
25 A.G. BALDERAS: Is there a second?
Page 95
1 CHIEF KASSETAS: Second.
2 A.G. BALDERAS: All right. There is a
3 second. All in favor.
4 (Those in favor so indicate.)
5 A.G. BALDERAS: Any opposition? The motion
6 passes to accept the recommendation of insufficient
7 allegations to proceed before the Board.
8 ITEM NO. 37: NICOLE ROMERO
9 A.G. BALDERAS: Item 37, Nicole Romero.
10 Nicole Romero is not in attendance. I'll entertain a
11 motion.
12 SHERIFF WALLER: Move to accept.
13 A.G. BALDERAS: Is there a second?
14 CHIEF McCALL: Second.
15 A.G. BALDERAS: A second. All in favor.
16 (Those in favor so indicate.)
17 A.G. BALDERAS: Any opposition? The motion
18 passes to accept the recommendation for insufficient
19 allegation or evidence to proceed before the Board.
20 ITEM NO. 38: STEVEN HINDI
21 A.G. BALDERAS: On to No. 38, Steven Hindi.
22 Steven Hindi is not in attendance. I'll entertain a
23 motion.
24 MR. KORN: Mr. Chairman, I would so move.
25 A.G. BALDERAS: Is there a second on that
Page 96
1 motion?
2 SHERIFF WALLER: Second.
3 A.G. BALDERAS: There is a second. All in
4 favor.
5 (Those in favor so indicate.)
6 A.G. BALDERAS: Any opposition? The motion
7 passes to accept the recommendation of insufficient
8 allegation or evidence to proceed before the Board.
9 ITEM NO. 39: BRAD LUNSFORD
10 A.G. BALDERAS: Item 39, Brad Lunsford. Is
11 Brad Lunsford in attendance?
12 SERGEANT QUEZADA: Mr. Chairman, I'll recuse
13 myself from this one.
14 A.G. BALDERAS: Let the record note that
15 Board Member Quezada has recused himself from item 39.
16 Is there a motion relating to item 39?
17 SHERIFF WALLER: Move to accept.
18 A.G. BALDERAS: There is a motion to accept.
19 Is there a second?
20 CHIEF McCALL: Second.
21 A.G. BALDERAS: There's a second. All in
22 favor.
23 (Those in favor so indicate.)
24 A.G. BALDERAS: Any opposition? The motion
25 passes to accept the recommendation for insufficient
Page 97
1 allegations or evidence to proceed before the Board.
2 ITEM NO. 40: ALBERT RAEL
3 A.G. BALDERAS: Item No. 40, Albert Rael. Is
4 Albert Rael in attendance? He is not in attendance.
5 I'll entertain a motion.
6 CHIEF KASSETAS: Mr. Chair, so moved.
7 A.G. BALDERAS: There is a motion to
8 entertain a recommendation of insufficient allegation.
9 Is there a second?
10 SHERIFF WALLER: Second.
11 A.G. BALDERAS: A second. All in favor.
12 (Those in favor so indicate.)
13 A.G. BALDERAS: Any opposition? The motion
14 passes to accept a recommendation of insufficient
15 allegation or evidence to proceed before the Board for
16 Albert Rael.
17 ITEM NO. 41: KENNETH OLSEN
18 A.G. BALDERAS: Item 41, Kenneth Olsen. Is
19 Kenneth Olsen in attendance?
20 CHIEF KASSETAS: Mr. Chair, before we move
21 forward, I would like the record to reflect I recused
22 myself.
23 A.G. BALDERAS: Let the record reflect that
24 Chief Kassetas recused himself for No. 41. Is there a
25 motion for item 41, Kenneth Olsen?
Page 98
1 MR. BARNCASTLE: I'll move, Mr. Chairman.
2 A.G. BALDERAS: There is a motion to accept a
3 recommendation. Is there a second?
4 CHIEF SOLAND: Second.
5 A.G. BALDERAS: A second. All in favor.
6 (Those in favor so indicate.)
7 A.G. BALDERAS: Any opposition? The motion
8 passes to accept the recommendation for insufficient
9 allegations or evidence to proceed before the Board
10 with one abstention.
11 ITEM NOS. 42 AND 43: JOEY AQUINO AND HUMBERTO FLORES
12 A.G. BALDERAS: We are now on letters of no
13 action, Item No. 42.
14 CHIEF KASSETAS: Mr. Chair, I would like to
15 make a motion that both these letters of no action,
16 Nos. 42 and 43, be moved to closed session regarding
17 limited personnel matters.
18 MR. WORD: Mr. Chair, Members of the Board,
19 Chief Kassetas, I think you may be referring to
20 Section 10-15-1(H)(1), matters pertaining to the
21 issuance, suspension, renewal, or revocation of a
22 license, as a ground for going into executive session
23 on the personnel matters you referred to?
24 CHIEF KASSETAS: Mr. Chair and Mr. Word,
25 that's correct. The motion would be to go into closed
Page 99
1 session for items 42 and 43 citing --
2 MR. WORD: I'll rephrase it for you, if you
3 would like.
4 CHIEF KASSETAS: Yes. Would you.
5 MR. WORD: Mr. Chair, if I may, I believe
6 Chief Kassetas would like to make a motion to go into
7 executive session to discuss items 42 and 43, and only
8 those matters, pursuant to NMSA Section 10-15-1(H)(1).
9 A.G. BALDERAS: Actually just for purposes of
10 discussion?
11 MR. WORD: Correct. Mr. Chair, Members of
12 the Board, in executive session the Board can discuss
13 the matter. They can take no action during executive
14 session. And then when they come back out of
15 executive session, they'll take an action, if they
16 choose to.
17 A.G. BALDERAS: There is a motion. Let me
18 ask, are Joey Aquino or Humberto Flores in attendance
19 for consideration of letters of no action? They are
20 not in attendance let the record reflect.
21 There is a motion to move both of those
22 matters into closed session for purposes of discussion
23 at this time. Is there a second?
24 SHERIFF WALLER: Second.
25 A.G. BALDERAS: There is a motion and a
Page 100
1 second to move the matters of Joey Aquino and Humberto
2 Flores only for purposes of discussion into closed
3 session. I would like staff to take a roll call vote
4 on this matter.
5 MS. LOPEZ: Attorney General Hector Balderas.
6 A.G. BALDERAS: For.
7 MS. LOPEZ: Pat Barncastle.
8 MR. BARNCASTLE: Yes, for.
9 MS. LOPEZ: Chief Pete Kassetas.
10 CHIEF KASSETAS: Yes.
11 MS. LOPEZ: Sheriff Wesley Waller.
12 SHERIFF WALLER: Yes.
13 MS. LOPEZ: Chief Darren Soland.
14 CHIEF SOLAND: Yes.
15 MS. LOPEZ: Chief Chris McCall.
16 CHIEF McCALL: Yes.
17 MS. LOPEZ: Jaime Quezada.
18 SERGEANT QUEZADA: Yes.
19 MS. LOPEZ: Nate Korn.
20 MR. KORN: Yes.
21 A.G. BALDERAS: The motion passes to move the
22 matters of Joey Aquino and Humberto Flores into
23 executive session. We'll discuss only those two
24 matters in closed session. It will only take possibly
25 ten minutes and then we'll be back out.
Page 101
1 (Recess.)
2 A.G. BALDERAS: We're back from executive
3 session, back on the matter related to Joey Aquino.
4 And I believe Joey Aquino is not in attendance. Are
5 there any motions?
6 CHIEF KASSETAS: Chair.
7 A.G. BALDERAS: Yes.
8 CHIEF KASSETAS: I would first, Chair, like
9 to note that the Board is back in open session. And I
10 affirm that, while in closed session, it discussed
11 only those matters specified in the motion to close
12 the meeting and listed on the agenda under executive
13 session in accordance with NMSA 1978 Section
14 10-15-1(H).
15 A.G. BALDERAS: The record will reflect that.
16 CHIEF KASSETAS: Thank you, Mr. Chair.
17 A.G. BALDERAS: Thank you. We are back to
18 item No. 42, Joey Aquino.
19 CHIEF KASSETAS: Mr. Chair, I would like to
20 make a motion on Mr. Joey Aquino to remand that back
21 to the Director.
22 A.G. BALDERAS: There is a motion I believe
23 to reject the letter of no action and send it back to
24 the Director? Did I properly state your motion?
25 CHIEF KASSETAS: Mr. Chair, you did. I
Page 102
1 apologize.
2 A.G. BALDERAS: Is there a second?
3 MR. KORN: I'll second.
4 A.G. BALDERAS: There is a second to reject a
5 letter of no action and send it back to the Director.
6 All in favor.
7 (Those in favor so indicate.)
8 A.G. BALDERAS: Any opposition to that
9 motion? The motion passes to reject the letter of no
10 action in the matter of Joey Aquino who was not
11 present and send that back to the Director for
12 appropriate handling.
13 Item 43, Humberto Flores. Is Humberto Flores
14 in attendance? Is there a motion involving the matter
15 of Humberto Flores, item 43?
16 SERGEANT QUEZADA: Mr. Chairman, I would like
17 to make a motion to accept No. 43.
18 A.G. BALDERAS: There is a motion to accept
19 the letter of no action on Humberto Flores. Is there
20 a second?
21 MR. BARNCASTLE: I'll second that motion.
22 A.G. BALDERAS: All in favor of accepting the
23 letter of no action involving Humberto Flores say aye.
24 (Those in favor so indicate.)
25 A.G. BALDERAS: Any opposition? The motion
Page 103
1 passes to accept the letter of no action on item 43,
2 Humberto Flores.
3 Director Jones, these are all the matters
4 related to officer certification?
5 MR. JONES: Sir, I need to ask the Board. I
6 beg your indulgence. Mr. Israel Saenz is outside. He
7 was No. 22 on the default orders of revocation. He
8 called. He just found out that he had not received
9 his Notice of Contemplated Action.
10 Mr. Word, I don't know if the Board would see
11 fit to go back and allow this individual to enter the
12 pipeline again for the misconduct process.
13 A.G. BALDERAS: Director Jones, give me one
14 second to consult.
15 MR. JONES: Certainly, sir.
16 CHIEF KASSETAS: Mr. Chair, I have a question
17 for the Director. If an individual did not receive
18 their NCA, the Law Enforcement Academy would know
19 about it, right? Because you would get back the
20 returned certified mail notice, right?
21 MR. JONES: Yes, sir. What happens typically
22 is we go back to the agency. The agency sends us
23 their current address that they have as registered
24 with the agency. That's where we send the Notice of
25 Contemplated Action.
Page 104
1 We get those back. And they're returned --
2 just like a lot of these are, they're returned with no
3 action, they didn't sign for it or anything else. And
4 so we just put it on the default orders of revocation.
5 CHIEF KASSETAS: Mr. Chair, Director, the
6 individual found out about it in some way other than
7 our notification and now wants to come before the
8 Board, is that what you're saying?
9 MR. JONES: That's correct.
10 CHIEF KASSETAS: Okay.
11 MR. BARNCASTLE: Is that sufficient service?
12 MR. JONES: It's certified mail, sir.
13 MR. BARNCASTLE: I mean you send certain
14 things through the mail to their last known address?
15 MR. JONES: Yes, sir. And actually in
16 reality he doesn't have a standing unless the Board
17 wants to give him that opportunity to go back through
18 the pipeline.
19 MR. BARNCASTLE: Thank you, sir.
20 CHIEF KASSETAS: Mr. Chair, as we do this, I
21 believe we set precedent for every other person that
22 wants to come back to the Board either a day after
23 they found out about it or six months. I'm not sure
24 where the line is.
25 A.G. BALDERAS: And without changing the
Page 105
1 discussion, I just want to make sure we have the
2 record accurate here. Director, you're saying that
3 Israel Saenz phoned?
4 MR. JONES: He phoned, sir.
5 A.G. BALDERAS: Okay.
6 MR. WORD: Mr. Chair, Members of the Board, I
7 didn't hear what this individual stated on the phone.
8 MR. JONES: He stated he never received his
9 NCA, the Notice of Contemplated Action, which was sent
10 to him by certified mail. And he found through other
11 means that he was on the agenda for the Board today.
12 And he phoned in and asked if the Board would
13 reconsider and allow him to go through the pipeline
14 for misconducts.
15 MR. WORD: Mr. Chair, Members of the Board,
16 what do you have in terms of proving service, a
17 returned green card that states what?
18 MR. JONES: That it was sent to his last
19 known address and it was returned unsigned.
20 MR. WORD: Unclaimed?
21 MR. JONES: Unclaimed, unsigned. So those
22 are the same two issues that happened with Stufflebean
23 and Monette.
24 A.G. BALDERAS: There has been a point of
25 clarification from the Director. We've thoroughly
Page 106
1 discussed it. I would entertain a motion to go back
2 to open up item 21 for action which is Israel Saenz I
3 believe, which initially before there was a vote to
4 accept the default order of revocation.
5 But based on new information and a point of
6 clarification from the Director, I'm willing to
7 entertain a motion. But there has to be a motion and
8 a second to go back to item 21.
9 MR. KORN: I would make that motion,
10 Mr. Chair. I think that the Board should always try
11 to not default people if we don't get to hear the
12 whole story. So I would make a motion to reopen the
13 matter. It's the Board policy to try to hear matters
14 rather than default officers.
15 SHERIFF WALLER: Second.
16 MR. WORD: Mr. Chairman, Board Members,
17 Mr. Korn, is it the intent of your motion to not just
18 open this back up for discussion, but to not grant
19 approval to revoke this person's license, his
20 certification, and to send it back to the Director?
21 MR. KORN: Yes.
22 MR. WORD: So it's a two-step motion.
23 MR. KORN: A two-step.
24 A.G. BALDERAS: And there was a second to
25 open this back up and send it back?
Page 107
1 SHERIFF WALLER: Yes.
2 A.G. BALDERAS: All in favor of reopening
3 item 21, Israel Saenz, based on new information and
4 sending it back to the Director for reconsideration,
5 all in favor say aye.
6 (Those in favor so indicate.)
7 A.G. BALDERAS: Any opposition to reopening
8 up the matter of Israel Saenz?
9 CHIEF KASSETAS: Nay.
10 MR. BARNCASTLE: Nay.
11 A.G. BALDERAS: There are two objections.
12 Please state your name for the record.
13 MR. BARNCASTLE: Pat Barncastle.
14 CHIEF KASSETAS: Pete Kassetas.
15 A.G. BALDERAS: The motion passes to open up
16 Israel Saenz with two opposed and to send it back to
17 Director Jones. That matter is taken care of.
18 I would like to say one thing about staff,
19 who are doing a phenomenal job keeping up with our
20 activity and taking such a good record.
21 ITEM NO. 44: SCHEDULING OF NEXT BOARD MEETINGS
22 A.G. BALDERAS: We're to the point on the
23 agenda, item 22, where we are scheduling future board
24 meetings. The next order of business is scheduling
25 three board meetings. And I would like to get the
Page 108
1 remaining three meetings for the year scheduled at
2 this time.
3 As I previously indicated to Board Members
4 and to members of the public, we will do our best to
5 hold meetings in different parts of the state and have
6 a positive presence in those areas to connect with
7 communities across the state.
8 I have actually set the locations and have
9 two different options for days to meet with feedback
10 from the Board. Option A is, in the August meeting, I
11 think it would be important for us to go to Gallup.
12 And we have two options that would be in consideration
13 for all of your busy schedules, August 10th and 11th
14 or the 11th and 12th.
15 As I have stated earlier, I do my best to
16 comply with the Open Meetings Act. I think that there
17 is a wonderful opportunity to set all three meetings
18 at once and give the public the best opportunity to
19 attend any one of the meetings.
20 The second is October in Santa Rosa. And
21 that would be the 19th and the 20th or the 20th and
22 the 21st. And the final meeting of the year, which we
23 are obligated to do four a year, would be in December
24 in Las Cruces, December 14th and 15 or the 15th and
25 16th.
Page 109
1 And I'll open up it up for discussion at this
2 time.
3 CHIEF McCALL: What are the dates for Santa
4 Rosa?
5 A.G. BALDERAS: Santa Rosa, the 19th through
6 the 20th or the 20th and 21st. For Cruces in
7 December, it would be the 14th and 15th or the 15th
8 and 16. And the August Gallup meeting would be the
9 10th and the 11th or the 11th and 12th.
10 CHIEF KASSETAS: Mr. Chair, from my position,
11 I'm okay for any of those dates believe it or not.
12 A.G. BALDERAS: Let's start with the August
13 meeting I guess. Those in favor of holding a meeting
14 August 10th and 11, say aye.
15 (Those in favor so indicate.)
16 A.G. BALDERAS: I guess I'll make my own
17 motion. I'll make a motion to hold a meeting in
18 August in Gallup on the 10th and 11th. Is there a
19 second?
20 CHIEF KASSETAS: Second.
21 A.G. BALDERAS: All in favor of having a
22 meeting on August 10th and 11th in Gallup say aye.
23 (Those in favor so indicate.)
24 A.G. BALDERAS: Any abstention or objections?
25 The motion passes to have the next Board meeting in
Page 110
1 Gallup on August 10th and 11th for the record.
2 I'd like to also make a motion to entertain
3 having a meeting in Santa Rosa in October on the 19th
4 20th. Is there a second on that?
5 CHIEF McCALL: Mr. Chair, can we look at
6 those on Tuesday and Wednesday rather than Monday and
7 Tuesday. That's long travel across the state.
8 A.G. BALDERAS: Certainly. Are you referring
9 to the 20th and 21st?
10 CHIEF McCALL: Sorry. I should have spoke
11 up. I just realized that was a Monday and Tuesday.
12 If we're going to hold that meeting in Gallup on a
13 Monday.
14 A.G. BALDERAS: Would you prefer the 11th and
15 12th?
16 CHIEF McCALL: That would be good for travel.
17 A.G. BALDERAS: Certainly. And we're in
18 discussion now I guess. Does everyone prefer the
19 backup dates?
20 CHIEF KASSETAS: Mr. Chair, Monday doesn't
21 allow us to take care of business at our home agencies
22 and then travel up, especially for Chief McCall from
23 Hobbs and at night. So I think Tuesdays and
24 Wednesdays are a good combination.
25 A.G. BALDERAS: That sounds totally
Page 111
1 reasonable. Okay. I'll make a motion to undo the
2 previous motion of having the meeting in Gallup on
3 August 10th and 11th. If I could have a second to
4 undo that motion.
5 CHIEF KASSETAS: Second.
6 A.G. BALDERAS: Second. We have now undone
7 the August meeting in Gallup for the 10th and the
8 11th. I would gladly make a motion to have a meeting
9 in August in Gallup on the 11th and 12th, if there's a
10 second.
11 CHIEF McCALL: Second.
12 A.G. BALDERAS: All in favor.
13 (Those in favor so indicate.)
14 A.G. BALDERAS: Any nays or objections? The
15 motion passes to have the first meeting in Gallup on
16 August 11th and 12th.
17 CHIEF KASSETAS: Mr. Chair, for the record
18 you mean the second meeting, correct?
19 A.G. BALDERAS: Yes. You're referencing
20 October or August?
21 CHIEF KASSETAS: This would be No. 1. August
22 would be No. 2.
23 A.G. BALDERAS: Yes. For the record it would
24 be the second meeting. The motion passes to have the
25 second meeting in Gallup on August 11th and 12th.
Page 112
1 I'd like to make a motion to hold the third
2 meeting in Santa Rosa October 20th and 21st. If I
3 could entertain a second for that.
4 CHIEF McCALL: Second.
5 A.G. BALDERAS: All in favor of having the
6 third meeting in Santa Rose on October 20th and 21st
7 say aye.
8 (Those in favor so indicate.)
9 A.G. BALDERAS: Any objections? The motion
10 passes to have the third meeting in Santa Rosa on
11 October 20th and 21st.
12 And I would gladly make a motion to have the
13 December meeting in Las Cruces on the 15th and 16th.
14 Do I have a second?
15 CHIEF McCALL: Second.
16 A.G. BALDERAS: All in favor of having the
17 December meeting in Las Cruces on December 15th and
18 16th say aye.
19 (Those in favor so indicate.)
20 A.G. BALDERAS: Any objections?
21 Congratulations, the motion passes to have a meeting
22 in December in Las Cruces on the 15th and 16th.
23 ITEM NO. 45: RECESS
24 A.G. BALDERAS: Is there any further
25 discussion on these matters?
Page 113
1 Let me tell the Board, congratulations.
2 Thank you for making my first meeting enjoyable and
3 efficient. And I'll see you all tomorrow here. And
4 I'll entertain a motion to recess.
5 MR. BARNCASTLE: I'll so move.
6 A.G. BALDERAS: Is there a second to recess
7 this meeting?
8 SHERIFF WALLER: Second.
9 A.G. BALDERAS: A second. All in favor.
10 (Those in favor so indicate.)
11 A.G. BALDERAS: Any objections? The motion
12 passes to recess this meeting until tomorrow morning
13 at nine o'clock. Thank you.
14 (At 4:10 p.m. the meeting was in recess.)
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Page 114
1 REPORTER'S CERTIFICATE
2
3 I, JAN A. WILLIAMS, New Mexico CCR #14, DO
4 HEREBY CERTIFY that on June 9, 2015, the proceedings
5 in the above matter were taken before me, that I did
6 report in stenographic shorthand the proceedings set
7 forth herein, and the foregoing pages are a true and
8 correct transcription to the best of my ability.
9 I FURTHER CERTIFY that I am neither employed
10 by nor related to nor contracted with (unless excepted
11 by the rules) any of the parties or attorneys in this
12 case, and that I have no interest whatsoever in the
13 final disposition of these proceedings in any court.
14
15
16
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19
__________________________________20 JAN A. WILLIAMS, RPR
New Mexico CCR #1421 License Expires: 12/31/15
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36:21 38:21 41:16 42:22 55:576:25 80:13 84:22 86:6 87:2292:1 94:10 98:1 100:7,8 102:21104:11,13,19 107:10,13,13113:5
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Page 3
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